President Joe Biden told reporters on Tuesday evening that he was considering invoking the amendment
might do today, it would be a unilateral presidential action, without congressional authorization…I don’t know exactly what that would be. He can’t borrow money to pay the debt: Congress has the power ‘to borrow Money on the credit of the United States’ under Article I, Section 8. I’m not a finance expert and so other than borrowing money, I am not sure exactly what the President could do to ‘ensure the public debt of the United States shall be questioned,’" Lee said.
WASHINGTON, DC - MAY 09: U.S. Speaker of the House Kevin McCarthy holds a media availability at the U.S. Capitol on May 09, 2023, in Washington, DC. might just say it's nonjusticiable, which is, that this is not a rights-bearing provision. So we're just not going to decide the political question," Lee said.
"The plain reading of Section Four is that it has absolutely nothing to do with the debt limit. Existing debts cannot be questioned; but raising the debt ceiling is for the purpose of creating debts. Nothing in Section Four says Congress must create new debt to service older debt. A failure to raise the debt ceiling in no way questions the validity of existing debts," Wurman said.
" Congress has many other ways to pay off existing debt. It could sell public lands, for example, or reduce spending. But even if Congress somehow had no other options for servicing its existing debt, a failure to service a debt is not the same thing as questioning its validity. A creditor may or may not have a remedy for such failure--there aren't typically bankruptcy proceedings for sovereigns – but that's still not the same thing as voiding a debt.
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