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Bench Memos

NRO’s home for judicial news and analysis.

Not Raising the Debt Ceiling Is Unconstitutional!



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Finally for today (I have to go earn a living), a nominee for Most Frivolous Constitutional Argument of 2011: that the Fourteenth Amendment, section 4 to be precise, obligates the Congress to raise the debt ceiling, and authorizes the president to borrow money without congressional permission if it doesn’t act.  Yeah, you read that right.



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