Biden Says He Has Authority to Use 14th Amendment

[dutch508]

Star Member applegrove (113,188 posts)

Biden Says He Has Authority to Use 14th Amendment

May 21, 2023 at 7:34 am EDT By Taegan Goddard 29 Comments

https://politicalwire.com/2023/05/21/biden-says-he-has-authority-to-use-14th-amendment/

"SNIP........

“President Biden on Sunday said he believes he has the authority to use the 14th Amendment to unilaterally address the debt ceiling, but he acknowledged potential legal challenges could still lead the nation to default if he went that route,” The Hill reports.

Said Biden: “I’m looking at the 14th Amendment as to whether or not we have the authority — I think we have the authority.”

He added: “The question is, could it be done and invoked in time that it would not be appealed, and as a consequence past the date in question and still default on the debt. That is a question that I think is unresolved.”

..........SNIP"

The Constitution makes clear that Congress holds the power of the purse, giving it authority “to lay and collect Taxes, Duties, Imposts and Excises,” and specifying that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by law.” In short, federal taxing and spending requires legislation that is enacted into law.

Autumn (42,835 posts)

2. Yes he does. There is no reason for him not to use it. These games are getting ridiculous.

elocs (21,822 posts)

5. If Biden can use the 14th Amendment as he believes,

he also realizes that it is not an easy-peasy answer to the problem as so many others appear to believe and comes with it's own potential peril, especially with this Supreme Court.
How many here thought that Roe would never be overturned?

Marius25 (2,323 posts)

16. If the Supreme Court rejects the 14th Amendment, Biden should ignore them

They don't even have the authority to rule on its Constitutionality.

Sympthsical (6,672 posts)

33. The Court absolutely has the right to interpret an amendment

It's kind of their whole job.

Star Member Hotler (10,353 posts)

12. Joe, quit ****ing around a do it. Stop trying to play Mr. Nice guy with fascist.

Same goes for Garland.

Star Member Captain Zero (5,671 posts)

15. Invoke it now and stamp a Brazillion dollar coin.

Immediately.

elocs (21,822 posts)

30. If the 14th Amendment is such a simple solution to the debt ceiling problem,

Biden would have done it by now. But he doesn't believe it is and he must have trusted advisors who tell him it's not a simple solution. Lots of smart people are on both sides of using the 14th. But if he does use it, then we will find out if it was the answer or not. I'm not sure if it is but I'm willing to admit I was wrong about it. But will all who are crowing about to just use it, no problems, be willing to admit they were wrong if it does not go well? I doubt it.

Star Member Dave says (4,354 posts)

42. The Repubs will impeach him

They won’t convict, but it will be (they’ll think) the perfect retaliatory attack on Biden’s and the Democrat’s reputation ahead of 2024.

On edit: but that’s where we’re headed. I don’t see any other likely path.

The problem with this is buyers of Treasuries will demand a high risk premium in face of the fact that courts could deny the validity of the debt sold under the 14th amendment. That’s very likely what will happen. That means all fiscal instruments that base their rates on treasury bonds will also skyrocket, plunging us into a recession. It’s a perfect win-win for power-only focused MAGATs. It gives them more propaganda weight than if we slip into default because they won’t budge in negotiations.

Anyone see a better path and outcome?

 

[ADsOutburst]

42. The Repubs will impeach him

They won’t convict, but it will be (they’ll think) the perfect retaliatory attack on Biden’s and the Democrat’s reputation ahead of 2024.

Please. Republicans aren't going to need to damage Biden's reputation any further.

[Old n Grumpy]

Marius25 (2,323 posts)

16. If the Supreme Court rejects the 14th Amendment, Biden should ignore them

They don't even have the authority to rule on its Constitutionality.

Brilliant! A true progressive constitutional scholar 

Sympthsical (6,672 posts)

33. The Court absolutely has the right to interpret an amendment

It's kind of their whole job.

How long till this guy gets banned 

Star Member Captain Zero (5,671 posts)

15. Invoke it now and stamp a Brazillion dollar coin.

Immediately.

Star member captain zero. He put his iq in his screen name 

[SVPete]

…
How long till this guy gets banned 
…

DU-member sympthsical often posts things that actually make sense, without getting pizza delivery. There are a few like that on DU. They probably get record numbers of Post Reports, .

[ADsOutburst]

15. Invoke it now and stamp a Brazillion dollar coin.

Immediately.

I wouldn't trust the Big Guy with a brazillion dollar coin, but that's just me.

[DefiantSix]

...President Biden on Sunday said he believes he has the authority to use the 14th Amendment to unilaterally address the debt ceiling, but he acknowledged potential legal challenges could still lead the nation to default if he went that route,” The Hill reports.

#SpongeBrainShitPants says a lot of things that are demonstrably, factually incorrect, DUm'Rats. Are you sure you want to review the list, because I'd probably start with who should legitimately be sitting in the Oval Orifice right now, morons.

[DUmpDiver]

Biden says?

Nope.

Biden was told to say.

[SVPete]

Biden’s a bully at heart and is unable to handle not getting his way. And for the first time ever, the Rs are calling his and the Dems’ bully-bluff.

[FlaGator]

If Biden has this authority then way hasn't a President done it before now?

[enslaved1]

If Biden has this authority then way hasn't a President done it before now?

Cause they haven't been the Constitutional scholars that ol' Lunchbucket Joe is!  And they didn't have Cornpop to consult with either.  No doubt he contributed heavily to the idea. 

[67 Rover]

32% approval rating part time pretend president is going to do what? 

[Old n Grumpy]

I wouldn't trust the Big Guy with a brazillion dollar coin, but that's just me.

Definitely he would either bend it break it or lose it 

Or accidentally use it to buy an ice cream cone 

[67 Rover]

Definitely he would either bend it break it or lose it 

Or accidentally use it to buy an ice cream cone 

Brandon would use it in the canteen vending machine to purchase a Moxie or something.

[SVPete]

Has LIEden claimed authority over the Law of Gravity and threatened to “investigate” Mr. Ohm and Mr. Watt?

[Old n Grumpy]

Biden’s a bully at heart and is unable to handle not getting his way. And for the first time ever, the Rs are calling his and the Dems’ bully-bluff.

That’s definitely the truth you can see it when he speaks he is an angry old man who is a criminal,a liar and who sold the country to foreign interests for his family’s fortune.
He deserves to die a slow and painful death.

[SVPete]

That’s definitely the truth you can see it when he speaks he is an angry old man who is a criminal,a liar and who sold the country to foreign interests for his family’s fortune.
He deserves to die a slow and painful death.

If he has dementia, that's what he's getting, though not necessarily the way you mean.