Nordling said:
The 14th Amendment to the Constitution, article 4, says in part:
4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
So, if push comes to shove, the President COULD simply declare the debt ceiling law unconstitutional and order the Secretary of Treasure to pay our debts, and ignore the ceiling.
Bolded key phrase. It has to be authorized by law.
It's a real point of argument that a busload of law professors and a few dozen congressional hearings and a supreme court ruling would have to decide.
I can be interpreted in different ways.
This is an amendment passed after the civil war, and was in part worded to make sure only debt appropriated by the Congress was valid and was to be paid without question, so that any debt incurred by the confederate states would not be the debt of the USA.
So in a literal sense in which it was written, the congress has to pass the "debt ceiling" law in part to declare it is the debt of the USA, and not the confederate states war debt.
Which of course now, is pretty silly one would think but, in the even say, Texas tried to succeed, and we had a civil war and they lost, the US wouldnt be responsible for any debt Texas got into with a foreign power.
Like I said, its an obsolete amendment that needs rewritten. The president could, in theory say fuck it, we have unlimited credit the 14th says so but he is a constitutional law professor.... he knows better and he knows such an argument would take years to settle.
It can be read that way, that we have unquestionable unlimited credit. It can be read as it was written, to apply to the time (post civil war) and reconstruction. or a few other ways.
The reason why they have to pass this stupid one page bill to raise the debt ceiling is pretty much to declare it is the authorized debt of the USA and not the CSA.
or maybe not.... :lol: It's never been used as an argument to not do it so to argue it would be a long drawn out affair.
Woulda been easier if they had worded it with the idea in mind that someday, reconstruction would be over and the amendments purpose would no longer be needed.
Nobody in their right mind, let alone the president with his educational background, is going to whip that one out and try to argue with it. if he did, and a few yrs down the road they handed down a ruling that it did NOT mean that, we would be super screwed.
It's a great gun to put to the republican's head though. They think he'd actually do it.
It's like that part of blazing saddles when the sheriff puts a gun to his own head and walks himself into the jail as a hostage.
:lol: