Why President Biden's Executive Decree On Student Loans Is Unconstitutional
- Rebecca Canales
- Feb 26, 2023
- 2 min read
Opinion.
The United States Constitution clearly states that it is the role of the United States Congress to forgive any debts owed to the US government. President Biden's recent education loan forgiveness decree is a clear violation of this Separation of Powers clause as it allows the President to unilaterally forgive debts without Congressional approval.
The Separation of Powers clause is one of the most important components of the Constitution and is essential for the proper functioning of the US government. It ensures that no one branch of government is more powerful than the other and that each branch has a clearly defined role. President Biden's decree goes against this by allowing the President to unilaterally absolve debts without any oversight or approval from Congress or the judicial branch.
The President's decree also violates the spirit of the Separation of Powers clause as it gives the President too much power and circumvents the proper legislative process. The President is not the one with the authority to forgive debts owed to the US government and any such decision should go through the legislature, which is the branch specifically tasked with such decisions.
In addition, President Biden's decree is unfair to those who have already paid off their student loan debt. Those who have taken the time and put in the effort to pay off their loans are now being penalized for their hard work as those who have yet to pay off their loans are being given a free pass. This is not only unfair, but could also lead to a decrease in the amount of students willing to pay back their loans, as there is no incentive to do so.
In conclusion, President Biden's education loan forgiveness decree is a clear violation of the United States Constitution's Separation of Powers clause. It takes away the authority of Congress to forgive debts and gives the President too much power. It also unfairly penalizes those who have already taken the time and effort to pay off their student loans while giving those who have yet to pay off their loans a free pass. For these reasons, President Biden's decree should be overturned.
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