Amendment XIV and Federal Pension Obligations: A Response to Professor Michael McConnell

4 Pages Posted: 18 Jan 2013 Last revised: 23 Jan 2013

Seth Barrett Tillman

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law

Date Written: January 17, 2013

Abstract

Professor McConnell has argued that: For Congress to limit the amount of the debt does not “question” the “validity” of the debt that has been “authorized by law.” At most, it means that paying the public debts and pension obligations of the United States, as they become due, has priority over all other spending.

Although McConnell's first statement is correct, his second statement is incorrect. Giving the federal debt priority over other government obligations requires a firm legal basis. Amendment XIV supplies no such basis.

Suggested Citation

Tillman, Seth Barrett, Amendment XIV and Federal Pension Obligations: A Response to Professor Michael McConnell (January 17, 2013). Available at SSRN: https://ssrn.com/abstract=2201476 or http://dx.doi.org/10.2139/ssrn.2201476

Seth Barrett Tillman (Contact Author)

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law ( email )

Ollscoil na hÉireann, Má Nuad
New House (#306)
Maynooth, County Kildare
Ireland
(353) (0) 1474-7216 (Phone)

HOME PAGE: http://law.nuim.ie/staff/mr-seth-barrett-tillman

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