Jonathan Turley - "Democrats Raise Constitutional Argument In Favor Of Raising Debt Limit"

[TomCADem]

I know that Jonathan Turley has a lot of fans, so here are his thoughts:

http://jonathanturley.org/2011/06/29/democrats-raise-constitutional-argument-in-favor-of-raising-debt-limit/

“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.”

The argument goes that, by not lifting the debt limit, Congress is “questioning” “the validity of the public debt of the United States.” Under this logic, advocates are encouraging President Obama to simply pay the debts in accordance with the Constitution. That would be an extreme step that would add a constitutional crisis to an economic crisis.

The “authorized by law” clause could present an interesting debate since the debt ceiling is part of a federal statute — though conversely so is the obligation to pay things like social security.

The language is certainly written in absolute terms but it is not likely that a court would rule that it makes a failure to lift the debt ceiling unconstitutional. Congress can argue that it fully intends to pay its debts, but that there is a political dispute over how and when. They can argue that they were not challenging the “validity” of the debt but the priority in the payment. The United States will still be fully liable for the debt and the interest.

[nadinbrzezinski]

1. And I hope they listen... but there is talk of a

compromise. and while the system requires it to work... when one side gets 99% of it, compromise it is not.

[DURHAM D]

2. This is now a moot point. The deal is done.

[Justitia]

3. ya know, I've trouble w/his take on "constitutional crisis" since he was in favor of impeachment

of a president.

I think Turley is better with the small scope questions. Forest for the trees and all that.

[TomCADem]

4. I've Been Trying To Find Glenn Greenwald's Take On The 14th Amendment Argument...

...But, I can't seem to find anything. Glenn can be a bit of a libertarian who is against the expansion of Presidential Power, so I am kind of curious about his take on the 14th Amendment argument.

[bluestateguy]

5. I can't stand that slimy little jerk

I will never forgive him for his almost nightly appearances on TV undermining Bill Clinton during the bullshit impeachment ordeal 13 years ago.

He loves nothing more than the sound of his voice and seeing his mug on TV.

[DURHAM D]

7. Amen.

The mirror is his best friend.

[moondust]

6. "I will gladly pay you on Tuesday."

"Unless it takes a year or two and possibly a general election to settle our political dispute."

Making payment contingent upon a political agreement would mean untimely payment at best and no payment at all at worst when at least one party is utterly intransigent. Either one--late payment or no payment--would be damaging to the economy and especially to anybody who depends on a government check to get by.