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Is there a "Debt Ceiling" in the Constitution, or a law passed since? (Original Post) Rosco T. Sep 2013 OP
It's a law... PoliticAverse Sep 2013 #1
US Code. enlightenment Sep 2013 #2
Sort of. Igel Oct 2013 #3
The President could challenge the constitutionality of the Law. It would go to the SCOTUS. madinmaryland Oct 2013 #4
Or not, given the current collection of idiots on the SC...... lastlib Oct 2013 #5
The debt ceiling law was first passed in 1917. former9thward Oct 2013 #6

Igel

(35,296 posts)
3. Sort of.
Tue Oct 1, 2013, 06:18 PM
Oct 2013

Article 1, section 8, says that Congress has the authority to borrow money. Rather than issue specific bills to borrow fixed sums, the Congress has for decades authorized spending up to a certain limit. That's called the "debt ceiling"; others point out the statues for that.

The Constitutional authority's not given to anybody else, so nobody else has the authority.

The 14th Amendment was to cover calling into question debt that was already issued. This is different, presumably, from things like "current accounts" and charge accounts. One could argue that the debt limit provides a limit to what, exactly, the different agencies are allowed to obligate the US government for.

Many claim that by simply authorizing an expense that entails the authorization to borrow money. That's never been the interpretation.

madinmaryland

(64,931 posts)
4. The President could challenge the constitutionality of the Law. It would go to the SCOTUS.
Tue Oct 1, 2013, 06:41 PM
Oct 2013

It might get rid of it forever.

lastlib

(23,204 posts)
5. Or not, given the current collection of idiots on the SC......
Mon Oct 7, 2013, 12:47 PM
Oct 2013

Scalia, Thomas, Alito wouldn't bat an eye at ruling against the administration, and I have only a few doubts that Roberts & Kennedy would, either. It wouldn't play well for the administration.

former9thward

(31,970 posts)
6. The debt ceiling law was first passed in 1917.
Mon Oct 7, 2013, 10:04 PM
Oct 2013

Congress passed it when they issued bonds for WW I. It has been around along time.

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