Is the Debt Ceiling Unconstitutional?

It would be pretty facinating if they chose to go this route:

More:

http://www.theatlantic.com/politics/archive/2011/04/the-speech-obama-could-give-the-constitution-forbids-default/237977/

http://www.theatlantic.com/politics/archive/2011/05/our-national-debt-shall-not-be-questioned-the-constitution-says/238269/

 

That's hilarous.

 

Interesting, and I'm certainly no expert, but I see some problems.

1) Defaulting isn't automatically questioning the legitimacy of the debt. You can acknowledge the validity of a debt and still default on it.

2) The debt ceiling does not force the U.S. to default. There are other options, even if they may be unpalatable.

3) When has the actual wording of the Constitution ever mattered to the Tea Party?

 

The first Atlantic link is a, "Speech Obama could give."

Would be one hell of a ballsy move. While it would drive the right nuts, it would probably drive his ratings through the roof.

 

If the President says it is, the debt ceiling is likely to BE unconstitutional by default. The Supreme Court, even this one, is likely to be very leery of a ruling that would suddenly cut people's Social Security and Medicare payments in half, close the national parks, etc. They, not Obama or Congress, would get the blame.

 

The author of the Atlantic columns was just interviewed on MSNBC.

He said the remedies to prevent default -- repaying certain debt ahead of others -- could be seen as unconstitutional in itself.

He also said that the Courts couldn't interfere and that Congress' only recourse would be to impeach the President.

He suggested the proper response would be, "Yes, I paid the debt. I was the responsible adult in the room. Go ahead and impeach me if you don't like it."

Nothing makes people rally to your side like picking a fight -- especially if you pick a fight with someone unpopular, like the current (and every) Congress.

Anyone think he might actually take this course?

 

I've always loved the fact that the Democrats never seemed bothered about changing the rules when they don't like them.

 

Rules R Rules.

 

What rule?

 

But but but but but.... they LUVVVV the Constitution!! You can't shut 'em up about it!

They LUVVV it so much they shut down Congress for weeks to read it on the floor!!

Except the parts they didn't like of course.

 

Interesting that the democrats now want to pay attention to the Constitution.

They must have been paying attention at the reading.

To me this whole thing is a tempest in a teapot. We will not default on our obligations.

The debate is not even worth listening to.

 

Presidents have ignored or flouted laws they considered unconstitutional before and they will again. It's not a partisan issue of "rules." It's a bug/feature of our constitutional system.