But the Conquered, or their Children, have no Court, no Arbitrator on Earth to appeal to. Then they may appeal, as Jephtha did, to Heaven, and repeat their Appeal, till they have recovered the native Right of their Ancestors, which was to have such a Legislative over them, as the Majority should approve, and freely acquiesce in.
-John Locke

Saturday, July 9, 2011

US Default Watch, Part 2

The 14th Amendment issue.

Recently Tim Geithner referenced the 14th Amendment to the Constitution as it applies to the debt ceiling.

Some left-leaning media-types have taken that to suggest that either the debt ceiling is in itself unconstitutional or that the President has the ability to side-step congress and act unilaterally.

Well, the answer to that issue seems to be a resounding NO.

Further, the General Counsel for the Treasury has sent a letter to the NYT in which he states that Geithner believes that the issue is part of Congress' powers, and not the President, but also wants to clear the record that Geithner never suggested that the 14th Amendment gives the President the power to bypass Congress on this issue.

So, there we have it: Geithner never said that the President has the authority to ignore the debt ceiling, and only the wishful thinkers who view the Constitution as being subject to fanciful interpretation are clinging to this idea.

What I find interesting is that these people were audacious enough to lodge hope that WH would employ  "an obscure clause" to advance their position, while a plain reading, oh, say, the 2nd Amendment is abhorrent.  I think this underscores the importance of an obscure power of the President - the power to nominate judges and SCOTUS justices.

No comments:

Post a Comment