Possible methods of bypassing the debt ceiling
Possible methods of bypassing the debt ceiling
Fourteenth Amendment
During the debate*, some scholars, Democratic lawmakers,[77][78][79] and Treasury Secretary Tim Geithner[90] suggested that the President could declare that the debt ceiling violates the Constitution and issue an Executive Order to direct the Treasury to issue more debt.[80] They point to Section 4 of the Fourteenth Amendment to the US Constitution, passed in the context of the Civil War Reconstruction, that states that the validity of the public debt shall not be questioned. Others rebutted this argument by pointing to Section 8 of Article 1 and Section 5 of the Fourteenth Amendment, which state that Congress has the power of the purse and the authority to enforce the Fourteenth Amendment.[91]
Article I, Section 8. The Congress shall have power . . .To borrow Money on the credit of the United States;
Amendment XIV, Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Amendment XIV, Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Arguments
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More here:
https://en.wikipedia.org/wiki/United_States_debt-ceiling_crisis_of_2011#Possible_methods_of_bypassing_the_debt_ceiling
*during the debt-ceiling crisis of 2011