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View Diary: Balkin: There will be no default, as the president already is using the 14th Amendment (362 comments)

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  •  That's nutty. (0+ / 0-)

    The constitution vests the power to create a debt ceiling in the Congress.  It's right there in black and white.  The president - not Bush, not Obama - can't override the Constitution with executive order.

    •  You don't understand (1+ / 0-)
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      Vicky

      Congress passed the FY 2011 Budgetary authority and it was signed by the President.  His enumerated constitutional responsibility is to enforce these acts.  To enforce this one, he'll have to issue an executive order to satisfy the country's obligations.  Congress already acted.  Then reacted by not supporting the budget they passed after it had become a law.  

      •  No, you don't understand the law. (0+ / 0-)

        The law says he can defer spending if fiscal policy requires it.

        So Congress has given him discretion not to spend, which is exactly what he'd do in this situation.  This is how he'd use the option of prioritization, which Balkin correctly notes is the most likely scenario.

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