Nebraska has challenged President Biden’s unilateral and unlawful discharge of hundreds of billions of dollars in student-loan debt. The Supreme Court will hear the case Tuesday. At stake is more than the $430 billion hole Mr. Biden’s plan would blow in the federal budget. The case poses a major test for the separation of powers under the Constitution.
“No country can be called free which is governed by an absolute power,” Thomas Paine wrote in 1776. The Founders realized the danger of vesting absolute power in one branch of government, and so they divided power into three branches. Legislation is passed in Congress, where a large and diverse nation’s elected representatives weigh in. This process may slow (or even stop) policies favored by Republican or Democratic administrations, but it provides a clear avenue for change: Persuade more people; win more elections.
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