The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
The 14th amendment has never been applied in this context by any president so there is no precedent and no jurisprudence analyzing what specific authority Section 4 of the XIV amendment confers on the president with regards to the public debt. ...snip...
The 14th amendment was added post Civil War or as some southerners prefer, the War of Northern Aggression. The intent at the time was to declare that the US was not going to pay any debts incurred by the Confederacy, which had borrowed money from England and France to help in its secession efforts. So Section 4 confirmed that all U.S. public debt authorized by Congress was legitimate and declared that neither the U.S. nor any state would be responsible for paying any debts incurred by the Confederacy for the war or the loss of slaves. The Confederacy considered slaves to be property and made some noises about reimbursement for the loss of their property.
President Obama is currently throwing cold water on the idea that the Constitution will save America from the impending default crisis, but this view has some high-profile dissenters. Right-wing legal scholars Eric Posner and Adrian Vermeule made the argument that Obama can invoke the constitutional option in a New York Times op-ed published last week. Earlier this month, former President Bill Clinton said that if he was in Obama’s place, he would use the 14th amendment himself to raise the ceiling.
Our argument is not based on some obscure provision of the 14th amendment, but on the necessities of state, and on the president’s role as the ultimate guardian of the constitutional order, charged with taking care that the laws be faithfully executed.
When Abraham Lincoln suspended habeas corpus during the Civil War, he said that it was necessary to violate one law, lest all the laws but one fall into ruin. So too here: the president may need to violate the debt ceiling to prevent a catastrophe — whether a default on the debt or an enormous reduction in federal spending, which would throw the country back into recession. ...snip...
The 14th Amendment is a red herring, however; even if its debt provision did not exist, the president would derive authority from his paramount duty to ward off serious threats to the constitutional and economic system.
Mr. Obama needs to make clear that he will act unilaterally to raise the debt ceiling if Congress does not cooperate;
Federal law provides a variety of powers for the President to use in response to crisis, exigency, or emergency circumstances threatening the nation. Moreover, they are not limited to military or war situations. Some of these authorities, deriving from the Constitution or statutory law, are continuously available to the President with little or no qualification. Others—statutory delegations from Congress—exist on a standby basis and remain dormant until the President formally declares a national emergency. These delegations or grants of power authorize the President to meet the problems of governing effectively in times of crisis. Under the powers delegated by such statutes, the President may seize property, organize and control the means of production, seize commodities, assign military forces abroad, institute martial law, seize and control all transportation and communication, regulate the operation of private enterprise, restrict travel, and, in a variety of ways, control the lives of United States citizens. Furthermore, Congress may modify, rescind, or render dormant such delegated emergency authority.
The modern debt limit, in which an aggregate limit was applied to nearly all federal debt, was substantially established by Public Debt Acts passed in 1939 and 1941. The Treasury has been authorized by Congress to issue such debt as was needed to fund government operations (as authorized by each federal budget) as long as the total debt (excepting some small special classes) does not exceed a stated ceiling. Since 1979, the House of Representatives by rule has automatically raised the debt ceiling when passing a budget, except when the House votes to waive or repeal this rule.
It is quite common for US Presidents to issue executive orders that instruct federal agencies to promulgate administrative regulations in order to circumvent the legislative process in the US Congress altogether, though, as alluded to above, this can violate the US Constitution in a number of ways. US Presidents are quite aware that US congressional politics can defeat or otherwise prevent the passage of legislation presidents deem politically important.
Quote by Raine:
Lemme try it again. Gdmnitall
Quote by Scoopster:
Say did you guys see the pics from the ginormnous teabagger rally yesterday at the Capitol?
(Yes, the news crews outpopulated the actual teabaggers)
Quote by Mondobubba:
LIKE!
Quote by BobR:
Report from the author: the blog is being recreated and will be appearing soon.
You may now return to your regularly scheduled... um... stuff.
Quote by Mondobubba:
Nice blog! Thanks for amplifying your comment to yesterday's blog post that you did last evening.
One wonky point. The current reason we have this congress raising the debt limit comes from the 1974 budget reform act. Again one of these things I learned about when I was a young polisci major many years ago.
Quote by Raine:well, I got about as wonky as I could, I was of the understanding that the Debt ceiling was further defined by the act that you mention, however the Debt Ceiling has been around for much longer than that.Quote by Mondobubba:
Nice blog! Thanks for amplifying your comment to yesterday's blog post that you did last evening.
One wonky point. The current reason we have this congress raising the debt limit comes from the 1974 budget reform act. Again one of these things I learned about when I was a young polisci major many years ago.
Quote by Raine:
Scoop, I made sure I kept that most awesome image in das blog. Thank you again.
Quote by Mondobubba:
On a pop culture note, the Modanna directed movie about Edward VII and Wallis Simpson is opening at The Venice Film Festival. :eyeroll:
Quote by wickedpam:
OMG - Boehner counters calls to congress with sign my petition "Team Boehner"
Now he thinks he's a sparkly vampire
Even those only vaguely familiar with British history know who Simpson is. She was the American divorcee who King Edward VIII fell for so hard that he chose to abdicate the throne in order to marry her. The story has always been painted with a high gloss of romance, though many have whispered the push for Edward to abdicate had more to do with England being alarmed by some of Edward and Wallis' German friends. Simpson was a controversial woman in her day, and remains a historical figure of a lot of rumor and speculation, which is probably why Madonna is interested in her.
Quote by Scoopster:Quote by wickedpam:
OMG - Boehner counters calls to congress with sign my petition "Team Boehner"
Now he thinks he's a sparkly vampire
Oh gawd do we really want to see that photoshop job?
Quote by wickedpam:Quote by Scoopster:Quote by wickedpam:
OMG - Boehner counters calls to congress with sign my petition "Team Boehner"
Now he thinks he's a sparkly vampire
Oh gawd do we really want to see that photoshop job?
It would have to be orange and sparkly - like sequined disco pants
Quote by BobR:Quote by wickedpam:Quote by Scoopster:Quote by wickedpam:
OMG - Boehner counters calls to congress with sign my petition "Team Boehner"
Now he thinks he's a sparkly vampire
Oh gawd do we really want to see that photoshop job?
It would have to be orange and sparkly - like sequined disco pants
vampire? Has he been biting Oompa Loompas again?
Quote by Raine:
Mondo, I was looking for info on this movie, and Did you mean Edward VIII I ask becuse I came across this:
Even those only vaguely familiar with British history know who Simpson is. She was the American divorcee who King Edward VIII fell for so hard that he chose to abdicate the throne in order to marry her. The story has always been painted with a high gloss of romance, though many have whispered the push for Edward to abdicate had more to do with England being alarmed by some of Edward and Wallis' German friends. Simpson was a controversial woman in her day, and remains a historical figure of a lot of rumor and speculation, which is probably why Madonna is interested in her.
Quote by BobR:
Good job on the blog, my ... wonky, yet easy to follow.
Quote by Raine:
Mondo, I was looking for info on this movie, and Did you mean Edward VIII I ask becuse I came across this:
Even those only vaguely familiar with British history know who Simpson is. She was the American divorcee who King Edward VIII fell for so hard that he chose to abdicate the throne in order to marry her. The story has always been painted with a high gloss of romance, though many have whispered the push for Edward to abdicate had more to do with England being alarmed by some of Edward and Wallis' German friends. Simpson was a controversial woman in her day, and remains a historical figure of a lot of rumor and speculation, which is probably why Madonna is interested in her.
Quote by Scoopster:Quote by BobR:
Good job on the blog, my ... wonky, yet easy to follow.
I have to agree.. Raine, you've brought me around to different line of thinking on this one. The wording on 14th Amendment Section 4 is too obscure to be totally certain that the President can derive authority from it, and with several other references elsewhere in the Constitution to Congressional power related to budgetary & debt matters it really would not be worth starting a fight that might result in not only impeachment but also another "strict constructionist" Supreme Court precedent.
Quote by Raine:I almost brought SCOTUS into this, That is an entirely bigger can of worms. I've yet to see someone present a valid -- and legal reasoning -- that the 14th is something the POTUS can use.Quote by Scoopster:Quote by BobR:
Good job on the blog, my ... wonky, yet easy to follow.
I have to agree.. Raine, you've brought me around to different line of thinking on this one. The wording on 14th Amendment Section 4 is too obscure to be totally certain that the President can derive authority from it, and with several other references elsewhere in the Constitution to Congressional power related to budgetary & debt matters it really would not be worth starting a fight that might result in not only impeachment but also another "strict constructionist" Supreme Court precedent.
I have tried. I don't feel comfortable writing things that appear so absolute without seeing the legal opinions of others that think this is valid. So, I will appreciate people dissenting. Just saying we should do so isn't good enough for me. I'm still looking for a constitutional basis for the POTUS to go this route.
So, far, I just don't see it.
Quote by Raine:
BTW, Enjoy Albert Haynesworth, New England... He very well make Manny look small time.
I am not a Redkins' fan, but that guy was a mess.
Quote by Mondobubba:
Why I find Alternet exasperating.
The author says "Patton" was directed by Stanley Kubrick. Oh? Really? Nice try, wrong. This is basic fact checking. If you can't get this right, what else are screwing up?
Quote by Mondobubba:Quote by Raine:
Mondo, I was looking for info on this movie, and Did you mean Edward VIII I ask becuse I came across this:
Even those only vaguely familiar with British history know who Simpson is. She was the American divorcee who King Edward VIII fell for so hard that he chose to abdicate the throne in order to marry her. The story has always been painted with a high gloss of romance, though many have whispered the push for Edward to abdicate had more to do with England being alarmed by some of Edward and Wallis' German friends. Simpson was a controversial woman in her day, and remains a historical figure of a lot of rumor and speculation, which is probably why Madonna is interested in her.
There is some speculatation that Wallis was Edward VIII's Mistress if you catch my drift.
Let's not forget that whole pro-fascist thing...just sayin...
Quote by Raine:
BTW, Enjoy Albert Haynesworth, New England... He very well make Manny look small time.
I am not a Redkins' fan, but that guy was a mess.
Quote by Mondobubba:Quote by Raine:I almost brought SCOTUS into this, That is an entirely bigger can of worms. I've yet to see someone present a valid -- and legal reasoning -- that the 14th is something the POTUS can use.Quote by Scoopster:Quote by BobR:
Good job on the blog, my ... wonky, yet easy to follow.
I have to agree.. Raine, you've brought me around to different line of thinking on this one. The wording on 14th Amendment Section 4 is too obscure to be totally certain that the President can derive authority from it, and with several other references elsewhere in the Constitution to Congressional power related to budgetary & debt matters it really would not be worth starting a fight that might result in not only impeachment but also another "strict constructionist" Supreme Court precedent.
I have tried. I don't feel comfortable writing things that appear so absolute without seeing the legal opinions of others that think this is valid. So, I will appreciate people dissenting. Just saying we should do so isn't good enough for me. I'm still looking for a constitutional basis for the POTUS to go this route.
So, far, I just don't see it.
The last two paragraphs of Gene Lyon's Salon article today have an interesting take on this.
"A budget default would give the White House unprecedented, arguably illegal power to pick and choose which laws it would obey. Then there's the 14th Amendment, stating that "the validity of the public debt of the United States, authorized by law ... shall not be questioned."
Hence the president would be on solid grounds, constitutional scholars argue, simply to raise the National Debt limit by executive order and dare Congress to do something about it. Sure, right-wing cultists would go even crazier, screaming about tyranny and threatening impeachment.
I'd like to see them try."
The whole thing is worth a read about the RepublicanCultParty
Quote by wickedpam:Quote by Raine:
BTW, Enjoy Albert Haynesworth, New England... He very well make Manny look small time.
I am not a Redskins' fan, but that guy was a mess.
but I'm going to miss local radio making fun of him
Quote by Raine:Me too! What a damn hot mess he is!Quote by wickedpam:Quote by Raine:
BTW, Enjoy Albert Haynesworth, New England... He very well make Manny look small time.
I am not a Redskins' fan, but that guy was a mess.
but I'm going to miss local radio making fun of him
Quote by trojanrabbit:
NJ Governor Chrisite taken to hospital after having difficulty breathing.
Yup, enjoy your government provided Health care. And I'm sure you don't have to worry about where your next paycheck is coming from.
I could be a lot snarkier but then I'd hate myself even more than I already do.
Quote by wickedpam:Quote by Raine:
BTW, Enjoy Albert Haynesworth, New England... He very well make Manny look small time.
I am not a Redskins' fan, but that guy was a mess.
but I'm going to miss local radio making fun of him
Quote by Raine:Me too! What a damn hot mess he is!Quote by wickedpam:Quote by Raine:
BTW, Enjoy Albert Haynesworth, New England... He very well make Manny look small time.
I am not a Redskins' fan, but that guy was a mess.
but I'm going to miss local radio making fun of him
Quote by livingonli:Quote by Mondobubba:
Why I find Alternet exasperating.
The author says "Patton" was directed by Stanley Kubrick. Oh? Really? Nice try, wrong. This is basic fact checking. If you can't get this right, what else are screwing up?
Feels like when I complained about the one article about politics and comic books where the author said that Black Panther was a member of the Justice League when he was a member of the Avengers. Someone is mixing up those Marvel and DC properties which any comic book geek will tell you not to do.
Quote by BobR:Quote by Raine:Me too! What a damn hot mess he is!Quote by wickedpam:Quote by Raine:
BTW, Enjoy Albert Haynesworth, New England... He very well make Manny look small time.
I am not a Redskins' fan, but that guy was a mess.
but I'm going to miss local radio making fun of him
Lock up your white women!
Quote by trojanrabbit:
NJ Governor Chrisite taken to hospital after having difficulty breathing.
Yup, enjoy your government provided Health care. And I'm sure you don't have to worry about where your next paycheck is coming from.
I could be a lot snarkier but then I'd hate myself even more than I already do.
Quote by Mondobubba:Quote by livingonli:Quote by Mondobubba:
Why I find Alternet exasperating.
The author says "Patton" was directed by Stanley Kubrick. Oh? Really? Nice try, wrong. This is basic fact checking. If you can't get this right, what else are screwing up?
Feels like when I complained about the one article about politics and comic books where the author said that Black Panther was a member of the Justice League when he was a member of the Avengers. Someone is mixing up those Marvel and DC properties which any comic book geek will tell you not to do.
When they can't get simple fact checking like that right, it calls into question the accuracy of all their reporting.
Quote by Mondobubba:Quote by trojanrabbit:
NJ Governor Chrisite taken to hospital after having difficulty breathing.
Yup, enjoy your government provided Health care. And I'm sure you don't have to worry about where your next paycheck is coming from.
I could be a lot snarkier but then I'd hate myself even more than I already do.
Maybe his government provided healthcare will cover his badly needed gastric bypass.
You see Will, I will be snarky for you. Clearly Chris Christie is a guy who doesn't turn down a cheesesteak.
Quote by Raine:
Nice! Have fun Mala!
Quote by Raine:
Oh wow. Watch this Video. Bobber, as a 4F tenured Science geek, I think you will appreciate this.
Via Black liberal Boomer Blog (aka my friend Pam)
At this point, the president should ask Congress to ratify his actions by raising the debt ceiling. If they do not, he can continue the process until they do. His actions might set a precedent: Knowing that the president will invoke Section 4, congressional threats of using the debt ceiling to extract political concessions will become a defunct strategy in the future.
In fact, this was one reason why Section 4 was put into the Constitution in the first place.
An angry Congress may respond by impeaching the president. However, if the president's actions end the government shutdown, stabilize the markets and prevent an economic catastrophe, this reduces the chances that he will be impeached by the House. (After all, he saved the country.) Perhaps more important, the chances that he will be convicted by a two-thirds vote of the Senate, which has a Democratic majority, are virtually zero.
The public may regard an impeachment trial as a waste of time, since the ultimate result is clear. In addition, the president will point to the shutdown and the impeachment when he runs against his political opponents in the 2012 election, arguing that they did nothing to save the country from calamity while he has risked impeachment to protect the republic.
Section 5 gives Congress the power to enforce the 14th Amendment's provisions. This does not mean, however, that these provisions do not apply to the president; otherwise, he could violate the 14th Amendment at will.
Quote by wickedpam:
yummmm cupcakes
Quote by Scoopster:
Oh the irony.. IKEA outsources jobs from Sweden to Virginia b/c of union; workers in VA vote to unionize.
Take THAT right to work laws!
Quote by Raine:Quote by Mondobubba:Quote by livingonli:Quote by Mondobubba:
Why I find Alternet exasperating.
The author says "Patton" was directed by Stanley Kubrick. Oh? Really? Nice try, wrong. This is basic fact checking. If you can't get this right, what else are screwing up?
Feels like when I complained about the one article about politics and comic books where the author said that Black Panther was a member of the Justice League when he was a member of the Avengers. Someone is mixing up those Marvel and DC properties which any comic book geek will tell you not to do.
When they can't get simple fact checking like that right, it calls into question the accuracy of all their reporting.
I'm reluctant to say this, but that is but a blogger. Where Alternet is going wrong is that they are not vetting very well who posts on their page. It's hurting their credibility.
It's one thing to present debate as opinion, but entirely another if someone writes something that is not fact checked by the editors of a website. They aggregate many opinions, they should be responsible for either fact checking or revealing the authors credentials. It's being a blogger that is bad, I just believe that you need to try to research and get your facts right.
Even opinions should be based on fact. Maybe this was just a mistake. I can understand that a few times here and there, but AlterNet, as of late, has had a problem with upping the hyperbole. ( Elizabeth Warren not getting the nomination was my most recent experience)
I know that we are a small site, but I hope we are responsible about such things. It's one of the reasons why I have lost a lot of respect for FDL as well.
Quote by wickedpam:Quote by Raine:
Nice! Have fun Mala!
I shall - though I always expect to come back broke, we do enjoy the break
Quote by Scoopster:
Oh the irony.. IKEA outsources jobs from Sweden to Virginia b/c of union; workers in VA vote to unionize.
Take THAT right to work laws!
Quote by Scoopster:
Off to bitch about public transit cutbacks..
Quote by Mondobubba:Quote by wickedpam:Quote by Raine:
Nice! Have fun Mala!
I shall - though I always expect to come back broke, we do enjoy the break
Going to that really depressing "casino" at the horse track?
Quote by Raine:Quote by Scoopster:
Oh the irony.. IKEA outsources jobs from Sweden to Virginia b/c of union; workers in VA vote to unionize.
Take THAT right to work laws!
Quote by Raine:Quote by wickedpam:
yummmm cupcakes
Quote by Scoopster:
Back from the public meeting.. Walked in, saw all the people there who came to speak out like I did....
and locked up with stagefright..
Quote by wickedpam:Quote by Mondobubba:Quote by wickedpam:Quote by Raine:
Nice! Have fun Mala!
I shall - though I always expect to come back broke, we do enjoy the break
Going to that really depressing "casino" at the horse track?
not sure I call it depressing - they's spiffed it up - but ya we are hitting the slots and avoiding the table games
Quote by Mondobubba:Quote by wickedpam:Quote by Mondobubba:Quote by wickedpam:Quote by Raine:
Nice! Have fun Mala!
I shall - though I always expect to come back broke, we do enjoy the break
Going to that really depressing "casino" at the horse track?
not sure I call it depressing - they's spiffed it up - but ya we are hitting the slots and avoiding the table games
Meghan, Mary and I went there not long after it opened. What I found depressing were all the seniors in there gambling away the pension checks.
Quote by Raine:
Boner couldn't get the votes. Postponed indefinitely.
Quote by TriSec:
News from the Air Wing:
Yankee 406 - Heavy back from the shop...."The Maddowan" will take to the skies again!
Quote by Mondobubba:
Speaking of the 14th Amendment, it was ratified on this date in 1868.
Quote by Raine:We drove past the Capitol Building around 9:45, I noticed the lights were still on in the dome, meaning they are still in session---Quote by Raine:
Boner couldn't get the votes. Postponed indefinitely.
So it turns out, Boner is STILL looking for votes for a bill that will NOT pass in the senate.
Quote by wickedpam:Quote by Raine:We drove past the Capitol Building around 9:45, I noticed the lights were still on in the dome, meaning they are still in session---Quote by Raine:
Boner couldn't get the votes. Postponed indefinitely.
So it turns out, Boner is STILL looking for votes for a bill that will NOT pass in the senate.
bet its going to be a 3am vote while everyone is asleep