GovTrack.usMay 23, 2023

As the United States heads toward running out of cash in a few weeks, here's a reminder how this happened:

* The law says what tax rates are, determining revenue.
* Each year laws are enacted that direct money to be spent a certain way.
* Existing debt has to be serviced (e.g. bonds).
* An older law limits national debt.
* Republicans drove up the debt during the Trump Admin (tax cuts, airline bailouts, etc) so that the limit is about to be reached.

The laws are logically incompatible.

Show threadsilverhorseman
@GovTrack
Serious question from a non- lawyer.
The laws conflict.
Can't Biden do what he wants until courts say otherwise?
May 23, 2023 at 11:29amWeb
Show threadGovTrack.usMay 23, 2023
@silverhorseman The President has a constitutional (and moral) obligation to carry out the law even when laws conflict, which means finding a legally grounded way to resolve the conflict. So it's "do what he wants" so long as White House lawyers earnestly think it complies with the law as best as possible.
Show threadsilverhorsemanMay 23, 2023
@GovTrack
Isn't that the same as saying Biden can do what he wants as long as he believes it is legal? The White House lawyers give the President advice and defend his decisions. They don't tell him what to do.
Show threadGovTrack.usMay 23, 2023
@silverhorseman I suppose it depends on what you mean by "can." Biden "can" do anything (and face the consequences, which might be impeachment). I thought you were asking what he can do *legally*. What Biden thinks is legal doesn't change what is and isn't legal.
Show threadsilverhorsemanMay 23, 2023
@GovTrack
It is debatable whether or not a President breaking the law has any impact on their chances of being impeached, even when the law is clear.
But, in this case, the law is not clear. Presidents regularly make policy way ahead of the courts resolving the legal issues involved.
I'm more curious as to whether or not there are procedural issues that constrain Biden's actions. I suspect there are, but I don't know.
Show threadGovTrack.usMay 25, 2023

@silverhorseman Having the lawyers sign off on something unconventional is potentially one of those procedural steps. Biden can say it, but then someone has to do it, and those someones have government lawyers who have to have a basis for thinking it's legal.

I could imagine that minting a trillion dollar coin might also have some administrative procedures that have to be completed first per existing statutes.