Chuck Grassley: Constitution May Trump Debt Ceiling on Default Impasse
As Ryan Grim noted in his article this week, despite some House Republicans threatening impeachment if President Obama resorted to this to keep the United States from defaulting on its debt, but at least one Republican member of the Senate thinks the Constitution would trump the law -- 14th Amendment Option May Be Legit, Says Leading Senate Republican :
Sen. Chuck Grassley (R-Iowa) said on Thursday that the Constitution may trump the debt ceiling, allowing the administration a way out of the default impasse.
Negotiators are considering gutting the social safety net in exchange for a vote to lift the debt ceiling. Grassley, in a conference call with local reporters, said that there may be another way out.
"There's one thing that hasn't been talked about yet, and I haven't checked on the constitutionality of it -- and I read the Constitution, but I don't remember reading this -- but in the 14th amendment, there's something that says something about the debt of the United States government shall be honored," Grassley said, according to a recording of the call. "The 14th Amendment includes a public debt clause that insists the obligations of the government 'shall not be questioned.'"
"So people are looking at the fact that maybe the debt ceiling bill that Congress presumably has to pass for the government to borrow more maybe is contrary to that constitutional provision, and that the administration may take out [loans] on their own -- just to borrow money -- and say that they can ignore the law," he said.
Grassley said that he was personally supportive of the debt ceiling, because it focuses attention on spending, but that if its existence was unconstitutional, there was nothing he or his colleagues could do. "I think it's a discipline that Congress uses effectively from time to time, maybe not to cut down on the amount of spending but to have a refresher course," he said. "It's a good discipline, so it bothers me if the Constitution provision would trump it, but that would be up to the courts to say. But who's going to argue against the Constitution? It's the basis of our government; it's the law of our land, and everybody has to abide by it."
"The Constitution trumps the law, obviously," he said. Read on...
Nowhere in the Constitution is there mention of a "debt ceiling" .. so on the face of it, it's unconstitutional.
Just like the Senate's 60 vote rule.
When will government of the people, by the politicians, for the corporations perish from this Earth?
Not soon enough!
But let's not get too carried away. As the Teabaggers never tire of reminding us, the Constitution doesn't say anything about health insurance either.
What's really causing the Republican screaming, as Grassley noted, is
More to the point, who's going to go to court after Obama saves the nation from default and a second Great Recession and argue that the judges should retroactively undo it? And FORCE a default?
They always get nervous when they think they might have to explain what they want in plain English.
past those 5 fascists on the SCOTUS. Remember, Alito, Roberts, Scalia, Scalia's other vote, and Kennedy are just 5 more assholes who would rather see the country go belly up than allow that ni...er, african american another term.
"Someday somebody related to some of these sufferers, these victims, these collaterally damaged souls, may try to kill you. And I have to tell you, I think you’ll have it coming." - Christopher Cooper
...assuming we live inside a bowl, and the stars are painted on the inside.
I, for one, shall not question the validity of the public debt of the United States. On the other hand, I am not a Republican bent on destroying the US economy for political gain.
that the cited language has anything to do with the debt? The language seems quite specific: debts relating to the Civil War shall not be questioned, what does that have to do with the debt not relating to the Civil War? Please explain. I'm truly interested to know the argument.
again. that's the section identifying ALL legal debt. while it specifically excluded the debt incurred by the confederate states as being part of the legitimate federal debt, the clause in no way only included the federal debt incurred in fighting the war, it specifically included all federal expenditures.
Your constitutional analysis is totally wrong. Whether or not the words debt ceiling are in the Constitution have nothing to do with it. The question is whether Congress, the Executive or Judiciary have whatever power they are exercising, and I can't believe that there is no language in the Constitution that applies to public debts. To the contrary, I believe the power to coin money is one such power that could be invoked when discussing the public debt, but whether or not the words debt ceiling are in the Constitution have nothing to do with it. That's like asking if the word abortion is in the Constitution, and if it's not then to say that it must not be a fundamental right. In other words, Scalia and his cabal are totally clueless as to the proper interpretation of the document. You don't look for what's in it, rather if it's not allocated to the government, than the right remains with the people or the States, see the 9th and 10th Amendments.
I'm thinking that there are some Republicans hoping that Obama saves their asses. Of course they will then turn around and shit on him.
As if any of them care about the Constitution. Does anyone think the Constitution allows the US Government to spy on citizens? Do they do it anyway?
far left loon >.<
"The 14th Amendment includes a public debt clause that insists the obligations of the government 'shall not be questioned.'"
Tea Baggers and Republicans can go fuck themselves.
The United States aspires to democracy, but no true democracy is attainable when the process is determined by economic power.
The 14th amendment nucear option is the repug's wet dream. If Obama does this then they are covered with the tea party and say " He broke the law and went around Congress". It also covers them with their Corporate Bosses by not allowing the economy to crash.
What would you suggest ? Default ? Our fearless and principled leader caving on SS and medicare ? The Reich wing nut's heads are so completely packed with hate and bull shit from the propaganda machine , Fox , Limbaugh and the like , that it would not make a difference .Going to the 14th would take courage and unyielding principles , I would not worry about the 14th being used . To actually make a stand on principles and to save the country from going into default , I think he'd gain a lot of respect and would come out a big time winner , the Republicans on the other hand would be shown for the madmen and crazies they truly are , perfectly willing to let this country go under . The nightmare scenario is that he caves ... again . Which ever way it goes down , this is big , a big big deal .
"The poor have sometimes objected to being governed badly; the rich have always objected to being governed at all."
We can't really call invoking the 14th a 'nuclear option' can we?
What if instead we default...
The T-publicans will blame the President for all the fallout. When the slumbering masses are rudely awakened by that they will want to quickly blame someone for their suffering. Republicans, FOX-GOP-TV, and the global-national corporations will make sure these people blame the President.
It isn't pretty either way - whatever happens, but the 14th was written to stop t-bagging shenanigans in the first place, and it just might be irresponsible not to invoke it, regardless of the fact that the t-publicans will make the most out of it. After all, they will make the most out of it either way we go.
"Government by organized money is just as dangerous as Government by organized mob"
-= Franklin Delano Roosevelt =-
Chuck Grassley vouched for the credibility of Sibel Edmonds. Too bad more people especially progressive bloggers didn't take her as seriously as Mr. Grassley did. Patrick Leahy also verified her credibility. Sad so many ignored her regardless. One day.
"Great minds discuss ideas; average minds discuss events; small minds discuss people." ~ Eleanor Roosevelt
Mr. President, fellow C&Lers.
The debt ceiling debate is an exercise in deception. The republican plan is madness. It will kill the economy.
The engine of the economy is fuelled by the vast lower, middle, and upper middle class. Start stripping them of Medicare, Social Security, and Medicaid and the economy will be snuffed out.
Yet this is what the republicans are demanding.
Add to this the fact that they refuse to pass stimulus programs, and you eliminate any possibility of reviving the economy.
Republican policy is fiscal, economical murder/suicide!
If the President does not overrule this republican pathological madness, he will have a tremendous tragedy on his watch. It is past time to invoke section four of the fourteenth amendment.
End the deception. End the madness. Save the nation.
"Government by organized money is just as dangerous as Government by organized mob"
-= Franklin Delano Roosevelt =-
I always marvel at the repubes.
Do you remember the quote by Grover Norquist about wanting a government so small, you could drown it in a bathtub?
Repubes: If you hate government so much, get out of it!
You are just in the way.
After L'il Timmy Geithner was touting the 14th Amendment solution and Obama was quizzed on his plans to use it, he pre-emptively put the kibosh on it. Now, L'il Timmy has changed his tune and says the 14th really doesn't apply.
What's that old RCA logo? Oh, yes. Now I remember. It's a cute little doggie staring into the horn of an old hand cranked record player with the caption, "His Master's voice."
...I CRAP bigger than you.
(a) 100% tax on all income over $250,000; (b) asset seizure for any entity with more than $2,000,000 in assets; (c) any corporation who declared a profit last year will hire people until there profit margin is wiped out--oh yeah, CEOs and officers may not earn more than 40-100 times the lowest paid worker. Problem solved.
I would add cut congress', Scotus and Protus pay checks down to $50.00 a week. Shared sacrifice after all.
i thought every republican had the constitution memorized, and were experts in it? maybe not. good to know at least one of them might take a peek at it.
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