There has been some talk that the President can act unilaterally to raise the nation debt limit based on Section 4 of the 14th Amendment to the Constitution, which provides in pertinent part that "The validity of the public debt of the United States, authorized by law . . . shall not be questioned". The argument has been made that since Congress has ALREADY authorized BY LAW each obligation represented in the national debt, by appropriating the funds for various expenditures, any overall "debt limit" is artificially redundant. It would be like writing a bunch of checks and then refusing to deposit the funds in your account to cover them. While a constitutional challenge of the debt limit law may be a defensible argument in the spirit of the 14th Amendment it is not unequivocally compelling, as the 14th Amendment does not expressly authorize what proponents are asking the President to do.
With this context, it is astonishing that apparently nobody has bothered to read the text of Public Debt Law of 1941 itself, embodied in 31 USC 3101, which is what codifies a national debt limit. That law states that
"The face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) may not be more than [some arbitrary huge number] . . . "
Please take careful note of the words "EXCEPT guaranteed obligations held by the Secretary of The Treasury". By undeniably clear law as passed by Congress, such obligations are NOT constrained by any so-called debt limit. Now all you have to do is run your finger down to the very next section 31 USC 3102 [Bonds] and you will read
"With the approval of the President, the Secretary of the Treasury may borrow on the credit of the United States Government amounts necessary for expenditures authorized by law . . . "
By this section Congress gives the President the EXPRESS, inherent and unilateral authority to direct the Secretary of the Treasury to incur obligations to cover all expenditures authorized by law, which is to say the sum of the appropriations bills Congress has already passed. And as we have just so clearly demonstrated such obligations are immune from any so-called debt ceiling limitation. Surely there is some White House attorney smart enough to figure this all out as we have.
The President must invoke this authority now, as he is fully empowered to do by 31 USC 3102. And then Congress needs to get serious about raising the revenues to pay its bills, and not just on the backs of poor people.
The one click form below will send your personal message to all your government representatives selected below, with the subject "The President Can And Must Invoke 31 USC 3102 To Pay Our National Debts." At the same time you can send your personal comments only as a letter to the editor of your nearest local daily newspaper if you like.
The progress of social justice is slow and measured. Its growth depends on an increasing number of us becoming aware of the truth and consequences of our actions.
I believe that it is morally wrong to allow our wanton desires to interfere with the basic needs and interests of other sentient beings.
I believe the physical and psychological abuse – confinement, social deprivation, mutilation, genetic and reproductive manipulation, and profit exploitation – imposed by us on other animals is morally wrong.
I believe the suggestion that the exploitation of other sentient beings by humans can be achieved without cruelty, violence, or injustice is false and misleading.
As an advocate for all life, committed to compassion and justice, I refuse to take part in the exploitation of other sentient beings or to collaborate with those caught up in such injustice.
I pledge to do my best to live a life that conveys a clear, sincere and uncompromised message that is free of resentment, fear, exploitation, anger, cynicism, and manipulation.
Furthermore, I pledge to continue to support a broad range of nonviolent initiatives and programs that will hopefully one day eliminate the needless pain and suffering we inflict upon all the many wonderful creatures with whom we share this planet.
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