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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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  •  As a legal matter, that's true. (0+ / 0-)

    The SCOTUS has ruled that social security is a gratuity.

    If you don't like it, take it up with them, not me.

    •  Exactly. What the TBMOFOs really are getting ... (0+ / 0-)

         at is reneging on the IOUs in the SS "trust fund". Remember Gore's lockbox? We have W.'s lockbox!

    •  Where did they rule this? (2+ / 0-)
      Recommended by:
      kovie, missississy

      If you mean Flemming v Nestor, that's not what they ruled.

      They ruled that Congress can write new legislation to the effect that what was once a benefit is no longer a benefit.  So what you were "owed" according to the law at time t you may no longer be "owed" according to the law at time t+k.

      But in this case, Congress hasn't passed a new law, so if you are entitled to be paid under the old law, you're still entitled to be paid, and the President would just be enforcing that.

      If you meant some ruling other than Flemming v Nestor, please cite it and explain it.

      •  Still a horrible ruling (0+ / 0-)

        as it effectively says that the government can renege on its debts if it feels like it, but not the same thing as saying that SS is basically an unearned gift.

        "Liberty without virtue would be no blessing to us" - Benjamin Rush, 1777

        by kovie on Sun Jul 31, 2011 at 01:29:22 AM PDT

        [ Parent ]

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