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Debt Limit Debate Examining the Constitutionality of Challenging the Statutory Borrowing Cap

The ongoing debt limit debate has sparked discussions about the constitutionality of challenging the statutory borrowing cap. One potential option being considered by the Biden administration is a constitutional challenge to the debt limit, a move that previous administrations deemed unthinkable. The theory behind this option is based on the 14th Amendment clause which states that the “validity of the public debt of the United States, authorized by law, shall not be questioned.” Some legal scholars argue that this language overrides the current statutory borrowing limit, which requires congressional approval to raise or lift and currently caps federal debt at $31.4 trillion. The White House, Treasury Department, and Justice Department have engaged in intense and unresolved discussions on this topic in recent months. As the debate continues, the potential consequences of a constitutional challenge to the debt limit remain uncertain.

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