Very sensible. Once the Court regains the public's trust -- it will take longer that two years -- it might make sense for Treasury to seek to litigate the matter.
The fact that Treasury has never disputed the Public Debt Act suggests that Treasury believes it would not be in its own best interests to take legal action against Congress, and the Administration might believe it would have political costs. But it might be in the best interests of the country to get this matter resolved in the courts at a time that would not create a crisis.
Wonderful article this week, one of your best ever.
I am not a constitutional lawyer, but interagency litigation is possible and happens in federal courts. I wonder why the Treasury has never sued the Congress for interference in the Treasury's ability to pay the government's bills, which is the Treasury's job, for spending previously approved by Congress, which is Congress's job.
It seems odd to me that the Treasury has never disputed the Public Debt Act of 1939 for overstepping Congress's authority. Treasury could litigate that matter on its own without the President having to invoke clause 4 of the 14th Amendment. Fortunately, the problem seems to have been resolved for 2 years with a negotiated settlement, but it will be back.
In 1939, prior to the ominously approaching WW2, the Public Debt Act might have seemed to be a good idea, but it has become little more than a partisan weapon damaging the reputation of the country in the world.
Very sensible. Once the Court regains the public's trust -- it will take longer that two years -- it might make sense for Treasury to seek to litigate the matter.
An exemplary reader, commentator! thanks.
Another educative column, thanks David. Drawing together origins of the national economic policy with current economic events and current must-reads!
The fact that Treasury has never disputed the Public Debt Act suggests that Treasury believes it would not be in its own best interests to take legal action against Congress, and the Administration might believe it would have political costs. But it might be in the best interests of the country to get this matter resolved in the courts at a time that would not create a crisis.
Wonderful article this week, one of your best ever.
I am not a constitutional lawyer, but interagency litigation is possible and happens in federal courts. I wonder why the Treasury has never sued the Congress for interference in the Treasury's ability to pay the government's bills, which is the Treasury's job, for spending previously approved by Congress, which is Congress's job.
It seems odd to me that the Treasury has never disputed the Public Debt Act of 1939 for overstepping Congress's authority. Treasury could litigate that matter on its own without the President having to invoke clause 4 of the 14th Amendment. Fortunately, the problem seems to have been resolved for 2 years with a negotiated settlement, but it will be back.
In 1939, prior to the ominously approaching WW2, the Public Debt Act might have seemed to be a good idea, but it has become little more than a partisan weapon damaging the reputation of the country in the world.