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Will Biden use 14th Amendment?

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Aug 5, 2009
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Democratic lawmakers are pushing President Joe Biden to invoke his constitutional authority under the 14th Amendment to raise the nation’s debt limit without an act of Congress.


Biden has said he’s “considering” using it. What is the 14th Amendment, and how likely is Biden to use it?

Here’s what you need to know:

What is the 14th Amendment and how does it relate to the debt ceiling?​


The 14th Amendment touches on many aspects of citizens’ rights and is commonly known for its “equal protection of the laws.” The Amendment has appeared in cases such as Brown v. Board of Education, Roe v. Wade, Bush v. Gore and more.

Many legal scholars suggest a clause in the 14th Amendment that says the “validity of the public debt, authorized by law ... shall not be questioned” could apply to the debt limit.

Legal experts argue that Section 4 of the 14th Amendment allows the Treasury Department to keep borrowing money past the debt limit and that it would be unconstitutional for the U.S. to fail to make payments.

Which lawmakers are for — and against — invoking the 14th Amendment?​

In the House, 66 members of the Congressional Progressive Caucus called on Biden Friday to “choose a solution invoking the 14th Amendment of the Constitution over a bad deal.” A few of the lawmakers include Congressional Progressive Causus Chair Pramila Jayapal (D-Wash.), Reps. Ilhan Omar (D-Minn.) and Greg Casar (D-Texas).

“Surrendering to these extremist demands also sets a dangerous precedent that emboldens Republicans to pursue additional, anti-democratic hostage taking, particularly after their having been told previously that a clean debt-ceiling increase was nonnegotiable,” the lawmakers write.

Rep. Alexandria Ocasio-Cortez (D-N.Y.) has also said she thinks invoking the 14th Amendment “should be on the table” and “that the grounds for it are legitimate.” Rep. Jamie Raskin (D-Md.) said Biden has a “clear constitutional command” to go around Congress if he must in order to avoid a default on the nation’s debt obligations. Rep. Jim Clyburn (D-S.C.) called on Biden to use the 14th Amendment, telling MSNBC that he “hopes that the president will take executive action if the House refuses to do its job.”

At least 11 Senate Democrats are urging Biden to invoke what they say is his constitutional authority under the 14th Amendment to raise the nation’s debt limit without having to go through Congress. Some of the senators include Tina Smith (D-Minn.), Bernie Sanders (I-Vt.), — who caucuses with Democrats — Ed Markey (D-Mass.), Jeff Merkley (D-Ore.) and Elizabeth Warren (D-Mass.).

“Using this authority would allow the United States to continue to pay its bills on-time, without delay, preventing a global economic catastrophe,” the senators wrote in a letter to Biden dated Thursday.

Biden earlier this month said he’s “considering” the use of the 14th Amendment as a means to circumvent the debt ceiling, though he cast some doubt on whether it could work.
Treasury Secretary Janet Yellen last week said: “It’s legally questionable whether or not that’s a viable strategy.”
Senate Minority Leader Mitch McConnell is against invoking the 14th Amendment and said, “Unconstitutionally acting without Congress [is] not an option.”

How likely is Biden to use the 14th Amendment?​


It’s not looking too likely.


White House officials have privately said that they do not see the 14th Amendment as a viable way to get around debt negotiations. While they think Biden would have the legal authority to pull the trigger if he chose to, they say it’s not worth the risk of blowing up negotiations with Congress or damaging the world’s faith in U.S. creditworthiness.


“They have not ruled it out,” one adviser to the White House told POLITICO. “But it is not currently part of the plan.”


Instead, White House negotiators are advocating for a pact that lifts the debt ceiling into 2025 and caps spending for as little as two years.

 
Democratic lawmakers are pushing President Joe Biden to invoke his constitutional authority under the 14th Amendment to raise the nation’s debt limit without an act of Congress.


Biden has said he’s “considering” using it. What is the 14th Amendment, and how likely is Biden to use it?

Here’s what you need to know:

What is the 14th Amendment and how does it relate to the debt ceiling?​


The 14th Amendment touches on many aspects of citizens’ rights and is commonly known for its “equal protection of the laws.” The Amendment has appeared in cases such as Brown v. Board of Education, Roe v. Wade, Bush v. Gore and more.

Many legal scholars suggest a clause in the 14th Amendment that says the “validity of the public debt, authorized by law ... shall not be questioned” could apply to the debt limit.

Legal experts argue that Section 4 of the 14th Amendment allows the Treasury Department to keep borrowing money past the debt limit and that it would be unconstitutional for the U.S. to fail to make payments.

Which lawmakers are for — and against — invoking the 14th Amendment?​

In the House, 66 members of the Congressional Progressive Caucus called on Biden Friday to “choose a solution invoking the 14th Amendment of the Constitution over a bad deal.” A few of the lawmakers include Congressional Progressive Causus Chair Pramila Jayapal (D-Wash.), Reps. Ilhan Omar (D-Minn.) and Greg Casar (D-Texas).

“Surrendering to these extremist demands also sets a dangerous precedent that emboldens Republicans to pursue additional, anti-democratic hostage taking, particularly after their having been told previously that a clean debt-ceiling increase was nonnegotiable,” the lawmakers write.

Rep. Alexandria Ocasio-Cortez (D-N.Y.) has also said she thinks invoking the 14th Amendment “should be on the table” and “that the grounds for it are legitimate.” Rep. Jamie Raskin (D-Md.) said Biden has a “clear constitutional command” to go around Congress if he must in order to avoid a default on the nation’s debt obligations. Rep. Jim Clyburn (D-S.C.) called on Biden to use the 14th Amendment, telling MSNBC that he “hopes that the president will take executive action if the House refuses to do its job.”

At least 11 Senate Democrats are urging Biden to invoke what they say is his constitutional authority under the 14th Amendment to raise the nation’s debt limit without having to go through Congress. Some of the senators include Tina Smith (D-Minn.), Bernie Sanders (I-Vt.), — who caucuses with Democrats — Ed Markey (D-Mass.), Jeff Merkley (D-Ore.) and Elizabeth Warren (D-Mass.).

“Using this authority would allow the United States to continue to pay its bills on-time, without delay, preventing a global economic catastrophe,” the senators wrote in a letter to Biden dated Thursday.

Biden earlier this month said he’s “considering” the use of the 14th Amendment as a means to circumvent the debt ceiling, though he cast some doubt on whether it could work.
Treasury Secretary Janet Yellen last week said: “It’s legally questionable whether or not that’s a viable strategy.”
Senate Minority Leader Mitch McConnell is against invoking the 14th Amendment and said, “Unconstitutionally acting without Congress [is] not an option.”

How likely is Biden to use the 14th Amendment?​


It’s not looking too likely.


White House officials have privately said that they do not see the 14th Amendment as a viable way to get around debt negotiations. While they think Biden would have the legal authority to pull the trigger if he chose to, they say it’s not worth the risk of blowing up negotiations with Congress or damaging the world’s faith in U.S. creditworthiness.


“They have not ruled it out,” one adviser to the White House told POLITICO. “But it is not currently part of the plan.”


Instead, White House negotiators are advocating for a pact that lifts the debt ceiling into 2025 and caps spending for as little as two years.

I really hope he tries, so that gets to go to SCOTUS and we see a precedent setting decision.
 
According to this article by the WSJ, Pedo-Joe is an idiot....

LINK: Wall Street Journal schools Pedo-Joe on 14th Amendment over debt ceiling: ‘He may be confused’

'Letting Treasury default would be a self-destructive act that would violate the 14th Amendment,' the paper's editorial board noted

The Wall Street Journal’s editorial board on Monday schooled Pedo-Joe on the Constitution in a scathing piece amid debt ceiling talks that declared "letting Treasury default would be a self-destructive act that would violate the 14th Amendment."

"The debt talks are stalled and Pedo-Joe is again threatening to invoke the Constitution’s 14th Amendment to pay interest on America’s debt without Congress raising the debt ceiling. The truth is that the Treasury has more than ample revenue coming in each month to avoid defaulting on the debt, and Mr. Biden doesn’t need to distort the meaning of the 14th Amendment to do it," the WSJ editorial board wrote.

The WSJ then noted recent remarks Pedo-Joe made at the G-7 meeting in Japan, when the president declared, "I think we have the authority…. The question is: Could it be done and invoked in time that it could not—would not be appealed and, as a consequence, pass the date in question and still default on the debt. That’s a question that I think is unresolved."

The editorial board blasted Pedo-Joe as possibly being "confused" about the consequential amendment.

"He’s confusing the public, and he may be confused himself, about what the 14th Amendment really says and how it affects the debt ceiling. Section 4 of the Amendment says that the ‘validity of the public debt of the United States, authorized by law . . . shall not be questioned,’" the paper wrote.

"This means the Treasury cannot repudiate debt held by the public as issued in Treasury bonds and notes. In practical terms this means Treasury Secretary Janet Yellen must prioritize debt repayment once statutory federal outlays exceed federal revenue," the editorial board continued. "In other words, she and Pedo-Joe can’t willfully default even for a time without violating the 14th Amendment."

The WSJ cited the Supreme Court held in Perry v. U.S. which found that the 14th Amendment covers all sovereign federal debt.

"Congress decided during the Great Depression to begin paying federal bonds in currency, including those that promised payment in gold. Bondholders sued to receive payment in currency equal to the gold value of the notes, and the Justices agreed, saying that Congress had violated the 14th Amendment’s Public Debt Clause," the editorial board wrote.

"What the 14th Amendment doesn’t allow is the claim by many progressives that the President can issue new debt without the consent of Congress," the paper continued. "Merely because Congress has approved new spending doesn’t mean the President can issue new debt on his own authority to finance it. He can’t issue new debt on his own to finance Medicare, for example."

The WSJ believes that Article I of the Constitution makes it "clear" that power belongs to Congress and Pedo-Joe cannot "issue new spending or forgive federal loans without Congress’s statutory approval."

"That's what the challenge at the Supreme Court to Pedo-Joe's unilateral forgiveness of federal student loans is all about," the editorial board wrote, adding that "melodrama over U.S. default is overwrought."

"That’s because even if federal spending begins to exceed federal tax revenue sometime in June, as Secretary Yellen says it will, Treasury can prioritize paying interest on Treasury bonds or retiring debt principal when it comes due," the editorial board wrote. "Treasury has more than enough cash to do this."

Citing Treasury’s monthly report on revenue and outlays, the WSJ reported that Federal tax receipts in March were $313 billion and interest payments were $67 billion, while April receipts were $639 billion and interest was $62 billion.

"It would be the height of fiscal irresponsibility if Treasury failed to use that cash to meet U.S. contractual debt obligations. Pedo-Joe and Ms. Yellen would also be violating the law," the WSJ wrote. "It’s true that prioritizing debt repayment could mean closing down parts of the U.S. government for a time, or delaying payments under federal programs. But there have been partial government shutdowns during previous budget disputes between Congress and the President, and the world hasn’t ended."

The editorial board ended the cutting piece by declaring "there is no reason for the U.S. to default on its debt held by the public."

"None," the WSJ reiterated.

"Pedo-Joe and Speaker Kevin McCarthy should still negotiate a deal to raise the debt ceiling and slow future spending growth. This would minimize potential financial market disruptions owing to political uncertainty," the board wrote. "The credit-rating agencies might also overreact and needlessly downgrade U.S. debt. But letting Treasury default would be a self-destructive act that would violate the 14th Amendment."
 
According to this article by the WSJ, Pedo-Joe is an idiot....

LINK: Wall Street Journal schools Pedo-Joe on 14th Amendment over debt ceiling: ‘He may be confused’

'Letting Treasury default would be a self-destructive act that would violate the 14th Amendment,' the paper's editorial board noted

The Wall Street Journal’s editorial board on Monday schooled Pedo-Joe on the Constitution in a scathing piece amid debt ceiling talks that declared "letting Treasury default would be a self-destructive act that would violate the 14th Amendment."

"The debt talks are stalled and Pedo-Joe is again threatening to invoke the Constitution’s 14th Amendment to pay interest on America’s debt without Congress raising the debt ceiling. The truth is that the Treasury has more than ample revenue coming in each month to avoid defaulting on the debt, and Mr. Biden doesn’t need to distort the meaning of the 14th Amendment to do it," the WSJ editorial board wrote.

The WSJ then noted recent remarks Pedo-Joe made at the G-7 meeting in Japan, when the president declared, "I think we have the authority…. The question is: Could it be done and invoked in time that it could not—would not be appealed and, as a consequence, pass the date in question and still default on the debt. That’s a question that I think is unresolved."

The editorial board blasted Pedo-Joe as possibly being "confused" about the consequential amendment.

"He’s confusing the public, and he may be confused himself, about what the 14th Amendment really says and how it affects the debt ceiling. Section 4 of the Amendment says that the ‘validity of the public debt of the United States, authorized by law . . . shall not be questioned,’" the paper wrote.

"This means the Treasury cannot repudiate debt held by the public as issued in Treasury bonds and notes. In practical terms this means Treasury Secretary Janet Yellen must prioritize debt repayment once statutory federal outlays exceed federal revenue," the editorial board continued. "In other words, she and Pedo-Joe can’t willfully default even for a time without violating the 14th Amendment."

The WSJ cited the Supreme Court held in Perry v. U.S. which found that the 14th Amendment covers all sovereign federal debt.

"Congress decided during the Great Depression to begin paying federal bonds in currency, including those that promised payment in gold. Bondholders sued to receive payment in currency equal to the gold value of the notes, and the Justices agreed, saying that Congress had violated the 14th Amendment’s Public Debt Clause," the editorial board wrote.

"What the 14th Amendment doesn’t allow is the claim by many progressives that the President can issue new debt without the consent of Congress," the paper continued. "Merely because Congress has approved new spending doesn’t mean the President can issue new debt on his own authority to finance it. He can’t issue new debt on his own to finance Medicare, for example."

The WSJ believes that Article I of the Constitution makes it "clear" that power belongs to Congress and Pedo-Joe cannot "issue new spending or forgive federal loans without Congress’s statutory approval."

"That's what the challenge at the Supreme Court to Pedo-Joe's unilateral forgiveness of federal student loans is all about," the editorial board wrote, adding that "melodrama over U.S. default is overwrought."

"That’s because even if federal spending begins to exceed federal tax revenue sometime in June, as Secretary Yellen says it will, Treasury can prioritize paying interest on Treasury bonds or retiring debt principal when it comes due," the editorial board wrote. "Treasury has more than enough cash to do this."

Citing Treasury’s monthly report on revenue and outlays, the WSJ reported that Federal tax receipts in March were $313 billion and interest payments were $67 billion, while April receipts were $639 billion and interest was $62 billion.

"It would be the height of fiscal irresponsibility if Treasury failed to use that cash to meet U.S. contractual debt obligations. Pedo-Joe and Ms. Yellen would also be violating the law," the WSJ wrote. "It’s true that prioritizing debt repayment could mean closing down parts of the U.S. government for a time, or delaying payments under federal programs. But there have been partial government shutdowns during previous budget disputes between Congress and the President, and the world hasn’t ended."

The editorial board ended the cutting piece by declaring "there is no reason for the U.S. to default on its debt held by the public."

"None," the WSJ reiterated.

"Pedo-Joe and Speaker Kevin McCarthy should still negotiate a deal to raise the debt ceiling and slow future spending growth. This would minimize potential financial market disruptions owing to political uncertainty," the board wrote. "The credit-rating agencies might also overreact and needlessly downgrade U.S. debt. But letting Treasury default would be a self-destructive act that would violate the 14th Amendment."
MSM. Bleater
 
MSM. Bleater

It's very flattering that you use my material, but I have a question for you.

Can you refute what the article says or will you continue to type dip$h!t posts like your fellow board bleaters? Afterall you guys voted for these idiots and ran your mouths for years telling us how much better they were.

Defend them.
 
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