Student Loan Cancellation May Depend On More Than Biden’s Legal Ability To Cancel Student Loans
New Details Emerge On Student Loan Servicing Changes: Multiple Transfers, Prolonged Upheaval Expected
Opponents of this argument claim that the president doesn’t have existing legal authority to enact wide-scale student loan cancellation. Why? They say Congress can authorize Biden to cancel student loans, but no such authorization exists — either in the Higher Education Act of 1965 or elsewhere.. They say the text is vague and doesn’t explicitly state that the president has the power to cancel student loan debt.
. Finally, opponents cite the Separation of Powers clause in the U.S. Constitution, which says that only the legislative branch has the power to authorize spending and cancel debt.Whether you support or oppose wide-scale student loan cancellation, the conversation about student loan cancellation has shifted to Biden’s unilateral legal authority to cancel student loan debt without Congress.
Second, Biden has said repeatedly that he doesn’t believe he has unilateral executive authority to enact wide-scale student loan cancellation. He’s made that declaration as president, but he also speaks as an attorney, vice-president and long-serving U.S. senator on the Senate Judiciary Committee. Biden’s assertions are.
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