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View Diary: Public debt of the United States shall not be questioned: the 14th Amendment and the debt ceiling (304 comments)

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  •  Two points (13+ / 0-)

    Your firt argument is simply ridiculous. The United States can not file for bankruptcy.

    Look, usually you make sense oin these discussions but your line of thinking on Section 4 defies belief. That purpose of the provision is to in fact make the payment of public debt a Constituional command.

    That simply is not arguable.

    The second point is the better one - how does the provision translate into giving the President an affirmative power? My argument focuses on the President's mandate to insure that the laws are faithfully executed.  

    Constitutional mandates trump legislative mandates.

    Therefore, the PResident has the power.

    This is not a Steel Seizures situation as, contrary to the GOP view, the Commander in /chief power is not unfettered and the Congress can not require the violation of the Constitution.

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