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View Diary: Very Simple and Permanent Solution to Debt Ceiling (19 comments)

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  •  The Obama administration has already (5+ / 0-)
    Recommended by:
    jennyp, Bob Love, elmo, VClib, Catte Nappe

    said they don't believe the 14th Amendment gives the President that authority. So I don't see them using it as a way to force the issue to make the SCOTUS decide on it.

    Spite is the ranch dressing Republicans slather on their salad of racism

    by ontheleftcoast on Mon Oct 07, 2013 at 10:24:48 AM PDT

    •  And the other problem (2+ / 0-)
      Recommended by:
      white blitz, VClib

      is that although the 14th says that the debt will not be questioned, section 5 gives enforcement power to Congress. No power for the President to act. Either Congress votes to raise the debt ceiling, or we have a constitutional crises. Who knows, maybe we can get the Supreme Court to decide the constitutionality of the Debt ceiling.

      The problem of course is that we are literally days away from the deadline. There's no time, even in an emergency setting, to get SCOTUS to act.

      •  If they want to act on this they could (0+ / 0-)

        They've ruled fairly quickly on cases like Bush v. Gore so there is precedent even if it was bad precedent. And the SCOTUS starts its term this week, right?

        Spite is the ranch dressing Republicans slather on their salad of racism

        by ontheleftcoast on Mon Oct 07, 2013 at 10:38:03 AM PDT

        [ Parent ]

        •  Yeah, but there's an interesting question (0+ / 0-)

          of whether or not SCOTUS has original jurisdiction on this case. It would first have to be heard in Federal District Court, then SCOTUS would have to pull it up, then hear oral arguments, while literally millions of groups would be writing amicus briefs, and then provide a written decision, in two weeks?

          No way.

    •  Before I retired (3+ / 0-)
      Recommended by:
      ontheleftcoast, VClib, Catte Nappe

      I was a public finance lawyer. There is no question about whether U.S. government obligations are valid (public finance term of art); the question is whether and when they will be paid. Valid state and local government obligations have been defaulted upon before. See, e.g.,

      http://www.governing.com/...

      The 14th Amendment does not promise that there never could be a default on government obligations. How could it!?  

    •  We'll see how he feels about that when we get (0+ / 0-)

      to the 11th hour.

      Just another underemployed IT professional computer geek.

      by RhodeIslandAspie on Mon Oct 07, 2013 at 11:20:18 AM PDT

      [ Parent ]

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