Geithner Spokesperson to Tribe: Hey, I Never Said I Would Use the Fourteenth Amendment to put the U.S. Deeper Into Debt!
[Guest post by Aaron Worthing; if you have tips, please send them here. Or by Twitter @AaronWorthing.]
As I mentioned yesterday, Liberal Law Professor and generalized legal giant in the liberal community, Laurence Tribe published an Op-ed in the New York Times arguing that it would be unconstitutional (and stupid) of the President to ignore the debt ceiling and unilaterally place us even deeper into debt as some have suggested.
Well, today Treasury’s General Counsel George Madison sent a letter to the New York Times:
Contrary to Professor Laurence Tribe’s assertion (Op-Ed, July 8), Secretary Geithner has never argued that the 14th Amendment to the U.S. Constitution allows the President to disregard the statutory debt limit. As Professor Tribe notes, the Constitution explicitly places the borrowing authority with Congress, not the President.
The Secretary has cited the 14th Amendment’s command that “[t]he validity of the public debt of the United States… shall not be questioned” in support of his strong conviction that Congress has an obligation to ensure we are able to honor the obligations of the United States. Like every previous Secretary of the Treasury who has confronted the question, Secretary Geithner has always viewed the debt limit as a binding legal constraint that can only be raised by Congress.
So assuming that Madison is not going rogue or something, this means one of two things. Either Tribe misinterpreted Geithner’s remarks on the subject, or Tribe interpreted them correctly and Geithner is backing off.
Either way, it is an encouraging sign that Obama will not try to usurp Congress’ powers on this subject, too.
[Posted and authored by Aaron Worthing.]