Biden: Default, Blame, And The 14th Amendment

Biden: Default, Blame, And The 14th Amendment

Biden: Default, Blame, And The 14th Amendment

Nothing is ever, ever, ever the fault of Joe Biden. At least, that’s how it’s been up until now.

Not even those misteriously sinking poll numbers are his fault. And the media has continually covered for him, and covered for him, and covered for him. Even though he is more than happy to tell them to “shush up.”


Biden is kinda testy and definitely in a bad mood about the debt ceiling. The plan always was to blame Republicans, as Democrats always do when it comes to debt limits and budgets. The problem was, of course, the Democrats planned on the Republicans not actually passing a bill. Speaker Kevin McCarthy then produced and passed a bill. Now the Biden team is in a corner. Remember, the bill would roll spending back to what we spent in 2022, instead of letting spending increase. 2022 levels. Not 2002 levels, not 2012 levels – the amount of money that we JUST SPENT THROUGH LAST YEAR. It’s hardly sequestration, but the Democrats are acting as if the end of the world is nigh unless they can keep spending money like it’s going out of style. Biden has refused to budge, demanding a “clean” debt limit increase – in other words, he wants Congress to just give him another new credit card with a $1.5 billion limit before stopping spending or paying off the old ones. But McCarthy has held firm. The House bill is supposed to be the starting point for negotiation. Biden refusing to parley makes him look bad, and the press is actually sort of starting to realize that. Which meant, naturally, that it was left to Peter Doocy to poke the old man’s temper. It’s not his fault! He says he’s “blameless”!

But if he’s so “blameless,” then why is he actually entertaining the wholly crazy idea of invoking the 14th Amendment to keep spending money?

THE PRESIDENT: We have not come up with a unilateral action that could succeed in a matter of two weeks or three weeks. That’s the issue.”

Q So it’s up to lawmakers?”

THE PRESIDENT: So it’s up to lawmakers. But my hope and intention is: When we resolve this problem, I’d find a rationale to take it to the courts to see whether or not the 14th Amendment is, in fact, something that would be able to stop it.”

Biden would “find a rationale to take it to the courts”? The courts that slapped him down on an eviction moratorium, and a vaccine mandate, and will likely shut down his dreams of buying off voters with student loan debt cancellation? But would Biden really try to interpret the 14th Amendment to allow unlimited spending to avoid default? Law professor Jonathan Turley took this idea apart on Saturday, calling Congressional Democrats who keep pushing this idea absolutely crazy, as it would mean Congress had no reason to exist.

Their argument for it is based on Section 4 of the 14th Amendment, which states, “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.”

The drafters of this amendment did not want Congress to simply dismiss its obligations to pay off the Union’s debts from the Civil War. Although the amendment is not limited to those debts, it has nothing to do with debt ceilings set by Congress. Default, after all, is not a denial of the validity of debt, but rather a refusal or failure to pay debts in time despite their validity.”

Instead, these senators are suggesting that a president does not need congressional approval to borrow and spend trillions of dollars, even though the Constitution explicitly grants both of those powers to Congress alone. They also claim that, by demanding budget cuts as a condition of permitting further borrowing, the House is violating the 14th Amendment.”

So who is obstructing the payment of the debt? The White House could conceivably find a judge willing to intervene in a classic budget battle to give President Biden such unconstitutional authority, but it is unlikely to be sustained on appeal. And that may not matter. President Biden has previously taken actions that he admitted were unlikely to “pass constitutional muster” but believed “at a minimum, by the time it gets litigated, it will probably give some additional time while we’re getting [billions] out to people.” Yes, he said that publicly.”

Biden is not the first president to disregard legislative authority. But these members of the legislative branch are beseeching their leader to ignore them and their constitutional authority. Indeed, the most important power given to Congress under Article I is the “power of the purse.” It was the ultimate control over government. Whatever entanglements or commitments a president may seek, he must ultimately get the Congress to go along.”

George Mason captured that intent when he declared that “no branch of government should ever be able to combine the power of the sword with the power of the purse.”

This purported 14th Amendment loophole would reduce the separation of powers doctrine to junk bond status.”

And yet Biden is mulling over doing it, because he is counting on the courts being too slow to stop him. But that really is a step of last resort, and that means today, he will be back at the negotiating table.

President Joe Biden and House Speaker Kevin McCarthy spoke by phone Sunday while the president was returning home on Air Force One after the Group of Seven summit in Japan. Upbeat, McCarthy, R-Calif., told reporters at the Capitol that the call was “productive” and that the on-again, off-again negotiations between his staff and White House representatives are focused on spending cuts.”

Biden and McCarthy are set to meet for a pivotal meeting Monday at the White House.”

Negotiators for the Democratic president and Republican speaker met for 2 1/2 hours at the Capitol as talks appear to be narrowing on a 2024 budget year cap that would be key to resolving the standoff. “We’ll keep working,” said Steve Ricchetti, counselor to the president, as the White House team exited. The Republicans were not seen leaving the speaker’s office and offered no immediate comment after the talks.”

GOP lawmakers are holding tight to demands for sharp spending cuts with caps on future spending, rejecting the alternatives proposed by the White House for reducing deficits in part with revenue from taxes.”

Republicans want to roll back next year’s spending to 2022 levels, but the White House has proposed keeping 2024 the same as it is now, in the 2023 budget year. Republicans initially sought to impose spending caps for 10 years, though the latest proposal narrowed that to about six. The White House wants a two-year budget deal.”

A compromise on those topline spending levels would enable McCarthy to deliver for conservatives, while not being so severe that it would chase off the Democratic votes that would be needed in the divided Congress to pass any bill.”

So, just when is that meeting going to be on Monday? After all, we know that the president keeps a short workday and a light work week, and he’s just arrived back from Japan. His trip back from Ireland was much shorter, and he still had to take an entire day to recover. Does this meeting between Biden and McCarthy happen before or after lunch on the East Coast, and how much ice cream will Biden have to be bribed with in order to get out of bed and show up?

There’s going to be some kind of compromise, but any compromise means that Biden is going to lose face. The entire plan to blame Republicans was taken out at the knees when McCarthy got a bill passed. The Democrats have been busy bad-mouthing it in order to get their way, while also talking up how dire default would be. The problem is, they never seem to have an explanation for not compromising on the bill, if default is such a catastrophic result. Biden demanding a “clean” bill and that he should get his way because he says “shush up” isn’t going to work. He’s going to actually have to act like a grown-up, suck it up, and reach a compromise. His senile temper tantrums about wanting a bigger credit card limit without reducing spending is no one’s fault but his own. And when he is forced to make a compromise deal at the last minute to avoid being the president who let the country fall into default? Well, is there such a thing as crow-flavored ice cream?

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3 Comments
  • Cameron says:

    I would have been fine with spending at 1982 levels. Or 1882. A man can dream.

    The fact that the House passed a spending plan definitely threw a wrench in their plans. I’m having fun watching the conflagration.

  • Lloyd says:

    Biden claims he is blameless….Others claim he is brainless !!

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