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View Diary: More on Section 4 of the 14th Amendment and the debt ceiling (45 comments)

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  •  The president has the power to appoint a temp (1+ / 0-)
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    The Jester

    Congress?  WTF?  The power you are describing wasn't even claimed by Charles I, and he lost his head for the powers he did claim. Where, exactly, in the Constitution do you find the provision that gives the President (a) the power to unilaterally appoint Supreme Court members and (b) the power to replace members of Congress with unelected people of his own choosing????

    "Something has gone very wrong with America, not just its economy, but its ability to function as a democratic nation. And it’s hard to see when or how that wrongness will get fixed." Paul Krugman and Robin Wells

    by Reston history guy on Mon Dec 10, 2012 at 01:46:34 PM PST

    [ Parent ]

    •  Reston I was just pointing out... (0+ / 0-)

      ... that the clause giving the President the power and responsibility to ASSURE the full faith and credit of the Government has absolutely NO LIMITATIONS expressed or inferred.

      Neither I nor you can tell the President precisely what, if any, limitations there are to his power to act to uphold his responsibility.

      He already has the power under the Constitution to set the size of the court and appoint justices. Yes, the Senate has the power to advise and consent.

      Now fast forward to the reality of the default. The President chooses.... as he is the one who has to decide what his powers are, since the Constitution gives no guidance and sets no limitations... to straighten the whole mess out.

      He chooses to disband Congress, appoint Bernie Sanders as a Congress of One, and then eliminate the debt limit AND pass a whole shit ton of legislation he wants passed. Including a law banning current Congress members from running in the emergency special election (after all, the fact it had to be done WAS their fault after all) that he then calls for.

      Any of this would be dragged kicking and screaming before the Supreme court obviously. But here's the conundrum, if there is no acting Senate, there is no one to object to his appointments, and if the current court looks like it would take issue with his actions, he could simply make it bigger and appoint 4 more Justices that will see thing his way.

      You understand, I'm not advocating or not any of this, I'm just saying that the 14th Amendment leaves all of this open and in determinant.

      It is a hole in our system, and these idiot Republicans are pushing for a crisis that no one had anticipated possible 150 years ago, and the idiots after WWI who put in the debt ceiling to protect themselves from their own weakness, did a poor systems engineering job, and the nation or even the world could rue the day. ;P

      Don't blame me, blame the 14th amendment and the Congress who wrote it.

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