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Forget Compromise: The Debt Ceiling Is Unconstitutional

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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 03:00 PM
Original message
Forget Compromise: The Debt Ceiling Is Unconstitutional
Much better than the 'deal' would be to listen to this:

http://www.truth-out.org/forget-compromise-debt-ceiling-unconstitutional/1312205856
'The debt ceiling crisis can be averted by enforcing the 14th Amendment, which mandates the government to pay its debts already incurred, including pensions. That means Social Security, which IS an "entitlement," in the original sense of the word. We're entitled to it because we've paid for it with taxes.'

...

'A bevy of legal scholars are recommending that the issue be eliminated altogether by playing the constitutional trump card. The 14th Amendment provides at Section 4:

"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."

Where statute and the Constitution collide, the Constitution prevails. Whether the government should pay the bills it has already incurred is not a matter of negotiation. It is a constitutional mandate.'

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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 03:01 PM
Response to Original message
1. How is the debt deal unconstitutional?
Please explain.
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peace frog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 03:02 PM
Response to Reply #1
2. Yes, please do
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crazylikafox Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 03:03 PM
Response to Reply #1
3. The Debt Ceiling, not the debt deal.
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truedelphi Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 03:04 PM
Response to Original message
4. Many of the major RWingers have already been on the
Edited on Mon Aug-01-11 03:05 PM by truedelphi
Big TV Money shows, saying that if Obama invokes the 14th Amendment for the purpose of approving the debt ceiling raise, then he will have committed an impeachable crime.

So although by invoking the 14th, Obama would perhaps solve the debt ceiling raise crisis, he would then be forced to spend all his time dealing with impeachemnt issues.
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tritsofme Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 04:33 PM
Response to Original message
5. It's unconstitutionality will be exposed in the next 24 business hours
I'm sure of it!
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robcon Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 04:40 PM
Response to Reply #5
6. the public debt of the United States, authorized by law... shall not be questioned.
Edited on Mon Aug-01-11 04:41 PM by robcon
The last debt ceiling was authorized by law and sets a limit on the debt.
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muriel_volestrangler Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-01-11 05:30 PM
Response to Original message
7. The author thinks US govt spending consists of social security, debt repayments, and nothing else
because all she covers is payment of debts and pensions. That doesn't make it unconstitutional to have a limit on total public debt when that debt is incurred to pay for all sorts of other things. Like the rest of government spending.

Why is it so difficult to find one of the "14th Amendment allows borrowing of any amount" people who actually bothers to explain why they think it applies to borrowing for the whole of government spending, rather than the debts and pensions mentioned in the amendment? They have to have come up with an answer already; why haven't they bothered telling anyone?
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