A Crack in the Ceiling

Today Joe, Kevin, Hakeem, Chuck and Mitch have a sit-down and hopefully do more than just stare at the ceiling. Here’s one solution if they can’t patch the thing up.

Could Joe Biden Use the 14th Amendment to Solve the Debt Ceiling? (msn.com)

As the political brinkmanship over the debt limit continues, Biden Administration officials are being asked whether they’d invoke a controversial legal theory under the 14th Amendment that may allow the President to bypass Congress and raise the nation’s debt limit without Republican approval.

The theory, which previous administrations had ruled out, builds on Section 4 of the 14th Amendment to argue that it would be unconstitutional for the U.S. to fail to make payments even if the debt limit isn’t raised, effectively challenging the debt limit on legal grounds. But doing so for the first time in U.S. history could have serious ramifications for the economy and elicit a host of legal challenges that could take months to sort out, leaving the country in a fiscal crisis in the meantime.

The 14th Amendment states that “the validity of the public debt, authorized by law…shall not be questioned.” Some legal scholars argue that this clause gives the Treasury Department the ability to keep borrowing money past the current $31.4 trillion debt limit that requires congressional approval to raise or lift—which the country hit on Jan. 19. “It’s a constitutionally tenable argument—and a strong argument—to solve the current debt ceiling crisis,” says Rebecca Zietlow, a professor at the University of Toledo College of Law whose research focuses on the 14th Amendment.

[…]

Other legal scholars contend the Biden Administration can ignore the debt limit without making a constitutional argument, grounding the move instead in separation of powers concerns. Neil Buchanan, a University of Florida law professor and the author of The Debt Ceiling Disasters, a 2011 book that argues the debt ceiling forces the President to choose between illegal and unconstitutional options, says he would suggest Biden ignore the statutory limit on borrowing until Congress either raises or abolishes it. “It may be seen as a power grab by Biden, but this is the least unconstitutional option,” he says. Laurence Tribe, the Harvard law professor and prominent constitutional scholar, wrote a New York Times op-ed on Sunday arguing a similar position—that Biden should contend that Congress has no right to tell the President to ignore the spending laws it approved, which he described as “ignoring one law in order to uphold every other.”

It remains unclear what the Treasury Department would do if Congress—or the President—does not raise the limit in time ….

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39 thoughts on “A Crack in the Ceiling”

  1. Feb 10, 2023

    GOP nonsense around the debt ceiling is so dated, it’s almost a classic, so I figured a parody of a classic song would be appropriate. (Fair use parody of “Goldfinger” by John Barry, Leslie Bricusse & Anthony Newley, and channeling my inner Shirley Bassey)

  2. McManus: It’s time to start worrying about the debt ceiling – Los Angeles Times (latimes.com)

    Washington Post-ABC News poll last week found a strikingly symmetrical response, with 78% of Democrats saying they’d blame Republicans if the government defaulted on its debt, and 78% of Republicans saying they’d blame Biden. Independents were divided, but slightly more inclined to blame the GOP.
    One missing factor: Wall Street and the business community haven’t weighed in. “They seem to assume that it will all get worked out,” a Democratic aide told me.
    That was true for past debt ceiling battles — three during the Trump administration and no fewer than six during the Obama administration.
    But this is a more polarized era, with more members of Congress — especially on the right — who have gained power by refusing to compromise.

  3. For all who missed the “victory” parades in Russia this morning, you missed some laughers.  Moscow raided a museum for a (that is single) tank.  One each WWII tank that was designed and made in Ukraine many decades ago. Not much strength in that display.  Certain events were cancelled or not performed, such as the walk of the children (older children) carrying pictures of World War Two dead, which is just about everybody who fought in WWII. Rumours have it there was a push by current families of dead in Ukraine to join the parade, which puttie obviously does not want.
     
    What is that song? I love a parade . . .

  4. gagged or just gigged?

    Trump barred from posting evidence in hush money case to social media (nbcnews.com)

    The New York state judge presiding over the criminal hush money case against Donald Trump issued an order Monday restricting the former president from posting about some evidence in the case on social media.
    Judge Juan Merchan largely sided with Manhattan District Attorney Alvin Bragg by limiting what Trump can publicly disclose about new evidence from the prosecution before the case goes to trial.
    The order says that “any materials and information provided by the People to the Defense in accordance with their discovery obligations … shall be used solely for the purposes of preparing a defense in this matter.”
    Merchan’s order said anyone with access to the evidence being turned over to Trump’s team by state prosecutors “shall not copy, disseminate or disclose” the material to third parties, including social media platforms, “without prior approval from the court.”
    It also singles out Trump, saying he is allowed to review sensitive “Limited Dissemination Materials” from prosecutors only in the presence of his lawyers and “shall not be permitted to copy, photograph, transcribe, or otherwise independently possess the Limited Dissemination Materials.”
    In addition, the order restricts Trump from reviewing “forensic images of witness cell phones,” although his lawyers can show him “approved portions” of the images after they get permission from the judge.
    [continues]

  5. BB,  ukraine rains on vlad’s parade

    Ukraine will now celebrate ‘Europe Day’ on Russia’s ‘Victory Day’ | The Hill

    “Now, as 80 years ago, Ukraine is fighting against total evil. Now, just like 80 years ago, Ukraine is fighting for the future – its own and that of the whole of Europe, the whole free world. Now, as 80 years ago, we rely on the common strength of free nations and know that together with them we will always be part of a free Europe that will not submit to evil,” Zelensky said in remarks.
    “And together with all of free Europe, we will celebrate Europe Day on May 9 in Ukraine. A united Europe, the basis of which should be and will be peace. Our Europe, which Ukraine has always been, is, and will be a part of,” he said, lauding Europe for supporting Ukraine through years of Russian aggression and the war that started with Moscow’s invasion early last year.

    and

    The address of the President of Ukraine on the occasion of the Day of Remembrance and Victory over Nazism in the Second World War of 1939-1945 — Official website of the President of Ukraine

  6. “victory day” this time last year

    by Sarcastically Serious May 8 2022

    Russians wanted the war to end by May 9 for victory day but are still getting rolled by Ukraine. Definitely a very victorious and successful special military operation. There no political or ideological intent behind this video or any other on the channel, the singular purpose of this type of video is entertainment and the enjoyment of pop culture/music and does not seek to glorify war. Lyrics co-created with my fellow good comrade, DJ Stalin

  7. Breaking:  Dramatic and exponential rise in number of STORIES IN MEDIA which depict Democrats as confused, disgruntled, splintered, and generally in a state of TOTAL DISARRAY.  Seems at this point to be a concerted effort from many different groups with the main and common goal of causing confusion, disgruntlement, splintering, and of causing a state of total disarray among Democrats

  8. Republicans are giving Dems so much fodder for campaigns.   Vet groups, teachers associations, senior entities like AARP (which actually encompasses ever-younger groups), and everyone else they will hurt with their ultimatum of spending cuts or tanking the economy…Republicans will be paying at the polls for a long time. 

  9. Craig…  Professor Lawrence Tribe clarified what he thinks the Constitution says in the 14 amendment last night on Lawrence O’Donnel’s show.  Tribe said the Constitution gives only Congress the power to borrow money… but it also tells the President he has a duty to pay the bills.  I guess it will get interesting.
     
    I don’t know what is happening with the Democratic primary here in NH…  but I can tell you that the republicans are still doing the first in the nation thing here.  Because Rick is a registered Independent, we are getting Ron DeInsane’s pamphlets…  they are a hoot!  We’re also now seeing SFB commercials bashing DeInsane on our tv stations.

  10. Better news in Rasmussen Biden poll today:

    51% approve

    48% disapprove

    Post had 36% approval. Difference is they weirdly sampled all adults, not just registered voters. Rass measured only likely voters.

  11. Renee, HAH!  I think even I could win at least one stage in that bike.  Ms. Bronc should be interested, too, being a TDF fan, too. 

  12. Well, the deformed enchilada has been found to have sexually abused Ms. Carroll.  No on rape though. Only two million dollars. Add three more million for defaming the lady and you reach five million. Lawyers probably get one third (my experience). Still not enough to have that slob feel anyone, anywhere.

  13. Pumpkin Head responds;

     “I HAVE ABSOLUTELY NO IDEA WHO THIS WOMAN IS. THIS VERDICT IS A DISGRACE – A CONTINUATION OF THE GREATEST WITCH HUNT OF ALL TIME”

  14. Let him keep spewing.  He’ll accidentally tell on himself.   Onward to Georgia! 

  15. https://www.cnn.com/2023/05/09/politics/e-jean-carroll-trump-lawsuit-battery-defamation-verdict/index.html

    Judge Kaplan to jurors:

    “My advice to you is not to identify yourselves. Not now and not for a long time,” Kaplan said. “If you’re one who elects to speak to others and to identify yourselves to others, I direct you not to identify anyone else who sat on this jury. Each of you owes that to the other whatever you decided for yourself.”

    Tell me tRUMPsky is a mob boss without saying he’s a mob boss.

  16. Hell…. YES!
    sfb chickens are coming home to roost.  One down… many more to come!

  17. CNN, formerly a somewhat good news channel (a long time ago), is still hosting sfb to do what he does best.  Hate, manure, libel, random words, more hate, curses, alternate universe, slander, more hate, and definitely lost in his own skull case of someone who is in a different universe where the sky’s are horse manure like.  And, they are still promoting it.  I am sure the cult will watch, but CNN will be cut off just as the other russian channels are.

  18. Will Trump appeal this? How soon does he have to pay?
    His lawyers should hide him away with no access to social media.
    Atta Girl E Jean!!!!!

  19. KGC – I am wondering why Ms. Carroll did not get a restraining order against the idiot.  There is enough or previous actions by the orange idiot to warrant one; not only for her, but also the jurors.

  20. BB, for a standard contingency fee case, you are right – 1/3 to 40% depending on the case.  I suspect there was funding behind this case.
     
    From WaPo – now pay attention  – this tells everything you need to know.

    The Trump campaign said in a statement that the jurors’ decision in the case is part of a “never-ending witch-hunt” by Trump’s political opponents because he is leading in public opinion polls in the 2024 race for the presidency. A spokesman, echoing comments from the former president, also denied any wrongdoing toward Carroll.

    I left the link to the statement in just in case anyone wants to look up what the campaign says about the verdict. Hope it doesn’t screw with bandwidth or whatever.  If so, Poobah or Pat is welcome to scrub it.  Also italicized 2 key words…

    KC, he’s already said he’ll appeal – well, his Spokesman and campaign statement say so.

    “We have allowed false and totally made-up claims from troubled individuals to interfere with our elections, doing great damage,” the Trump spokesman said in the statement.

    “This case will be appealed, and we will ultimately win,” the statement said.

    Yeah, right…

  21. Reid Hoffman founder of Linkd In put up some of the money for the e jean carroll case

  22. That’s his standard response, too.  No idea who they are. Never met ‘em.  Maybe they got coffee for him once. 

  23. George Santos, You’re on deck!

    https://www.cnn.com/2023/05/09/politics/george-santos-charged-justice-department/index.html

    “The exact nature of the charges couldn’t immediately be learned but the FBI and the Justice Department public integrity prosecutors in New York and Washington have been examining allegations of false statements in Santos’ campaign finance filings and other claims.”

    Hmmm, maybe all of those amounts that were just under the campaign reporting minimum?

  24. Republicans want to hurt veterans, teachers, and seniors with their budget cuts.  They are willing to destroy the economy to do so.  
     
    Americans will remember this at the ballot box.  Republicans are the enemy of the people.  

  25. https://www.texastribune.org/2023/05/09/bryan-slaton-expel-house-vote/

    “The Texas House unanimously voted to expel Bryan Slaton on Tuesday, one day after the Royse City Republican submitted his resignation after an internal investigation determined that he had sex with a 19-year-old aide after getting her drunk.”

    “Slaton, a prominent anti-LGBTQ lawmaker who has described drag performers as “perverted adults,” allegedly invited the woman to his Austin apartment and gave her a large cup of rum and coke, then refilled it twice. The committee said she was rendered unable to “effectively consent to intercourse and could not indicate whether it was welcome or unwelcome.”

    “The bipartisan committee also said Slaton tried to obstruct their investigation, including by what they described as intimidation tactics against the aide and other witnesses. Five members of Slaton’s staff also refused to be interviewed by the committee.”

    “Slaton, a married father who portrayed himself as a “family values” conservative…”

    “Slaton was previously a youth pastor at several Southern Baptist churches and ran for the Texas House in 2021 on a family-values campaign that was financed heavily by Defend Texas Liberty PAC, which is mostly funded by ultra-right West Texas oil and gas tycoons.”

    “Last year, Slaton called for a blanket ban on minors at drag shows, saying they needed to be protected from “perverted adults,” and proposed giving per-child tax credits to married, heterosexual couples — while excluding LGBTQ or divorced people. Slaton, who is previously divorced, also called this year for a referendum on Texas’ secession from the United States…”

    “Other Slaton allies also abandoned him, including Texas Right to Life, the anti-abortion group that revoked its endorsement, saying it was a “Christian organization” that held its staff, board members, scholarship recipients and political endorsees to high moral standards. The Young Conservatives of Texas also called for Slaton’s resignation.”

    Bet he would’ve paid for her out-of-state abortion, too. Shouldn’t there be a rape trial for this gross, old perv, too?

  26. https://www.independent.co.uk/news/world/americas/crime/texas-mall-shooting-william-cho-gofundme-b2335459.html

    “Now, after his mother, father and younger brother were all murdered, little William has been left orphaned.”

    “The family had just celebrated William’s sixth birthday four days earlier, according to a GoFundMe set up to help him.”

    The gun manufacturers should be financially responsible! Republicans refuse to budge on gun control, which means they are neither pro-family nor pro-life…because the NRA is their version of GoFundMe, keeping ghouls in office.

  27. BID
    There was a federal law passed in about 2005 protecting gun mfg from law suits.
    Mean while California has passed a law saying you can sue.

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