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US Government Debt Different - Finance Department - University of ...

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280The 2011 <strong>Debt</strong> Limit Impasse: Treasury’s Actions & The Counterfactual – What Might Have Happened if the National <strong>Debt</strong> Hit the Statutory Limitthe power “to borrow money on the credit <strong>of</strong> the United States.” 158According to Pr<strong>of</strong>essor Tribe, “[n]othing in the 14th Amendment orin any other constitutional provision suggests that the President mayusurp legislative power to prevent a violation <strong>of</strong> the Constitution.” 159In support <strong>of</strong> this argument, Pr<strong>of</strong>essor Tribe cites Justice Jackson’sconcurrence in Youngstown Sheet & Tube Co. v. Sawyer 160 and arguesthat the President’s power to borrow would be at its “lowest ebb” <strong>of</strong>legitimacy. 161 In addition, Pr<strong>of</strong>essor Tribe reasons that the “debt limitstatute merely limits one source <strong>of</strong> revenue that the government mightuse to pay its bills”; therefore, it is unclear why the debt limit statuteis unconstitutional while the tax code and other revenue limits arenot. 162 The President may be bound to use legal revenue sources 163before he can breach a statutory obligation. 164Pr<strong>of</strong>essor Neil Buchanan argues that the President must choose tobreach the obligation to borrow within the debt limit rather thanlevy additional taxes or spend less than Congress appropriated. 165Pr<strong>of</strong>essor Tribe responds by framing the debate as one between (1) thepower to spend money and (2) the power to raise revenues. 166 Thus,the authority to borrow money is grouped with the power to tax, sellassets, and print money. As between these two powers, “the principlethat must yield is the one barring executive control over spending,not the one barring executive control over revenue-raising.” 167 In158U.S. Const. Art. I, Sec. 8159Tribe, supra note 110.160343 U.S. 579, 637-38 (1952).161Tribe, supra note 110.162Tribe, supra note 144.163See Magliocca, supra note 106. For example, the United States can legally sell its assets toraise money. See supra notes 68, 69, 70. Another potential legal solution outlined by BradPlumer, Can A Giant Platinum Coin Save Our Credit?, Wash. Post, July 30, 2011, http://www.washingtonpost.com/blogs/ezra-klein/post/can-a-giant-platinum-coin-save-our-credit/2011/07/11/gIQA2VAPjI_blog.html?hpid=z1,would have been minting trillion dollarcoins. Technically, Treasury could mint platinum coins <strong>of</strong> any value, which could be depositedin the Federal Reserve. This authority is derived from 31 U.S.C. § 5112(k) (2010), whichstates, “The Secretary may mint and issue platinum bullion coins and pro<strong>of</strong> platinum coinsin accordance with such specifications, designs, varieties, quantities, denominations, and inscriptionsas the Secretary, in the Secretary’s discretion, may prescribe from time to time.” TheFed could then transfer the balance to Treasury, allowing for full payment <strong>of</strong> all expenses. Thepotential inflationary effects are questionable, but some argue this would be a fully legal strategy.However, it is not likely to be seen popularly as a legitimate exercise <strong>of</strong> executive powerin this situation.164Tribe, supra note 144.165See Buchanan, supra note 107.166Tribe, supra note 144.167Id.

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