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Old 07-28-2011, 02:13 PM
 
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I think that anyone who thinks they are capable of debating the constitutional merit of using the 14th Amendment to by-pass Congress they should be working for one of the largest Constitutional law firm for big bucks and a future partnership.
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Old 07-28-2011, 02:16 PM
 
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Originally Posted by ovcatto View Post
I think that anyone who thinks they are capable of debating the constitutional merit of using the 14th Amendment to by-pass Congress they should be working for one of the largest Constitutional law firm for big bucks and a future partnership.
I certainly couldn't debate the nuances of it, but it would seem Congress has an obligation to not default and crash our credit rating, and if they do so, they are breaking the law. In which case, as a last resort, the President would have to step in to protect our credit rating.
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Old 07-28-2011, 02:20 PM
 
Location: Central Maine
4,697 posts, read 6,446,155 times
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Originally Posted by ovcatto View Post
I think that anyone who thinks they are capable of debating the constitutional merit of using the 14th Amendment to by-pass Congress they should be working for one of the largest Constitutional law firm for big bucks and a future partnership.
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Old 07-28-2011, 02:21 PM
 
Location: Staten Island, NY
6,476 posts, read 7,321,312 times
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Originally Posted by Fiyero View Post
I certainly couldn't debate the nuances of it, but it would seem Congress has an obligation to not default and crash our credit rating, and if they do so, they are breaking the law. In which case, as a last resort, the President would have to step in to protect our credit rating.
What law would be broken? The reason for us getting to this point is precisely because the we have checks and balances that insure that the people's representatives (in both the House and Senate) voices are heard. The President is obliged to negotiate with them. No laws are being broken.

Yet.
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Old 07-28-2011, 02:23 PM
 
69,368 posts, read 64,087,528 times
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Originally Posted by ovcatto View Post
"A lawyer who represents himself has a fool for a client."
Obama isnt representing himself, he's representing america.
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Originally Posted by ovcatto View Post
As if Obama as President has time to research the legal theory regarding the use of the 14th Amendment to raise the debt limit, something that has never been litigated, has no court precedent to review and would require an extensive search through the primary documents pertaining to the passage of 14th Amendment.
Ahhh, the poor baby has to find the time to do his job.. btw, the president hasnt made any statements towards the use of the 14th amendment.. I wonder why? Maybe because he knows its hogwash.
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Originally Posted by ovcatto View Post
But then you probably think that clerks to the Supreme Court spend their time ironing robes and going out for coffee?
You probably cant have a civil conversation without going off into lala land.
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Old 07-28-2011, 02:26 PM
 
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Originally Posted by GreenGene View Post
You've provided nothing here but your opinion, and that's fine, as far as it goes. And you have every right to be wrong.
Sucks for you that the Supreme Court has already ruled on the matter, and even Obama said that the checks might not go out. If it was a liability, not sending out SS checks wouldnt be an option.
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Originally Posted by Fiyero View Post
That provision of the 14th Amendment was created in response to the Civil War debt accrued by the South. The Supreme Court said it has much broader implications. In the current context, it is a violation of the Constitution for Congress to default on our public debt and crash our credit rating. The Debt limit is statutory law, which is trumped by the Constitution. If Congress breaks the law by not raising the debt and not paying our obligations, the President has the authority to go above Congress and raise it on Constitutional grounds.
Here you liberals, I got a challenge for you. Why dont you call the federal Social Security office, and find out how much they owe YOU.. Let me know how long it takes for them to stop laughing at you.

Social Security is NOT a debt! Thats why they dont count it as debt
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Old 07-28-2011, 02:27 PM
 
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Originally Posted by Cavaturaccioli View Post
What law would be broken? The reason for us getting to this point is precisely because the we have checks and balances that insure that the people's representatives (in both the House and Senate) voices are heard. The President is obliged to negotiate with them. No laws are being broken.

Yet.
I think defaulting on our debt and crashing our credit rating would violate Section 4 of the 14th Amendment.
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Old 07-28-2011, 02:29 PM
 
15,706 posts, read 11,769,275 times
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Originally Posted by pghquest View Post
Here you liberals, I got a challenge for you. Why dont you call the federal Social Security office, and find out how much they owe YOU.. Let me know how long it takes for them to stop laughing at you.

Social Security is NOT a debt! Thats why they dont count it as debt
Where in my statement did I ever mention Social Security?
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Old 07-28-2011, 02:30 PM
 
Location: Staten Island, NY
6,476 posts, read 7,321,312 times
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Quote:
Originally Posted by Fiyero View Post
I think defaulting on our debt and crashing our credit rating would violate Section 4 of the 14th Amendment.
That would be:

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. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.


No one is 'questioning' the debt. We're only arguing over whether these debts should be paid with (yet more) borrowed money.
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Old 07-28-2011, 02:33 PM
 
15,706 posts, read 11,769,275 times
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Originally Posted by pghquest View Post
Obama isnt representing himself, he's representing america.
The presidency is bigger than one man.

Quote:
Ahhh, the poor baby has to find the time to do his job.. btw, the president hasnt made any statements towards the use of the 14th amendment.. I wonder why? Maybe because he knows its hogwash.
Yes he has. He said he currently has no intention of invoking the 14th Amendment.
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