Balkinization
If Congress refuses to raise the debt ceiling, the President is bound under Article II to take care that the laws are faithfully executed. This duty includes *all* of the laws, including section 4 of the Fourteenth Amendment, the laws passed by Congress that appropriated funds and ordered the President to spend them, and the debt ceiling.
The President (and the Treasury Secretary) must therefore act in such a way as to honor all of these commitments to the greatest extent possible.
The President must use every available legal option to preserve the validity of the public debt, through accounting measures, and through selectively deciding which bills to pay and which to delay paying.
Originally published at therightcoastblog.com
Citation
Thomas A. Smith, Balkinization, The Right Coast (July 7, 2011) [The Library at LexBlog, LEX-WK-R7G9DAXW, lexpid.org/R7G9DAXW]
Filed under
Practice Area
Topic
Locations
Organization