I suffered a short spate of depression yesterday after being advised by Norman Goldman that the courts frown upon "implied repeal". "Implied Repeal" is what the Republicans did when they created the 2011 budget. My position was that the budget they created implied the repeal of the "debt limit" law; that the 2011 budget signed into law in this legislative session trumps the debt limit law signed into law in the previous session.
Norm Goldman is an x attorney turned talk show host. I sent him an e-mail which he answered and I called in and he took the call. But after thinking about what he said I came to the conclusion that, while he is certainly correct in his espoused answer, he is missing one of the facts. That fact is that there is a third law that says that the treasury MUST offer treasury notes to cover any deficits.
Norm said that the courts will insist that if there is any way to comply with the two laws (the debt limit and the budget) then there is no repeal. But read on:
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