https://open.substack.com/pub/heathercoxrichardson/p/may-23-2023?utm_source=share&utm_medium=android
The best argument for Biden refusing to negotiate with Republican debt ceiling hostage takers and just continued to pay US debts regardless of whether Congress passes the debt ceiling hike.
The post seemed to be all over the place, jumping around from the current debt ceiling issue to taxation and then over to spending and back again.
I found it really striking that it didn't mention the Democratic legislation that set this situation up. That's a far more straightforward description of where we are.
Anyway, yes, Biden must continue to pay US debts out of Treasury's tax receipts. He has no legal option not to, and shame on him for spending months threatening to default.
I found it very clear. She gives background and context.
Biden has not threatened to default. Republicans are using the debt ceiling to try to force policies that are unpopular with and destructive to the majority of Americans. These should be rejected. The legislative branch already passed the expenditures. The executive branch should continue to pay for them even if it means further borrowing.
Of course Biden has threatened to default. And his treasury secretary has as well. On a daily basis, it has seemed, for months now.
I'm glad he seems to be walking those threats back a bit this week, but we wouldn't be talking about default now without Biden having put that on the table. Unconstitutionally, I might add.
The legislative branch declined to provide funding for these expenditures, and that was their choice. Had they wanted to see the spending happen then they should have offered the funding along with their appropriations. They didn't.
So no, the president doesn't have the authority to override that legislative choice, especially after he signed the legislation himself. That would be flat out clearly illegal for him to violate the law like that.
@volkris
You make no sense. When Congress passes a bill that requires funding, that IS appropriating the funds. The money has already been spent. This debt ceiling extortion is about paying the debt that has already occurred. It should not be used to try to force unpopular, unwanted policy that is unrelated. The only issue I have with Biden is that he is negotiating at all.
No, that's not how either the legislative function or the executive branch works.
The Treasury brings in money throughout the fiscal year, and it spends money throughout the fiscal year.
Appropriations and borrowing authority are two separate processes because they address different part of Treasury operations.
So firstly that debt has not already occurred. That's an executive branch function, distinct from the legislative branch. Congress doesn't technically require funding; it doesn't have such authority. Wrong of the coequal branchs.
But more importantly, as head of the executive branch, Biden is largely responsible for setting up this position.
