Is the Debt limit Constitutional?

[Richard-H]

The debt limit creates a constitutional contradiction.

Congress mandates federal spending - no federal program comes into existence without congressional approval. These programs may not originate with the current congress, but they all originated in congress at some time.

Congress also sets the limits on taxation.

The difference between the spending that congress mandates and the limits on taxation is the federal debt.

The 14th amendment requires that congress honor this debt, but the debt limit law (created in 1917) creates a situation where congress can choose not to allow payment of the debt.

Basically, the debt limit law contradicts the 14th amendment. Being that the 14th amendment is part of the constitution and was created long before the debt limit law, it should trump the debt limit law. Therefore the debt limit law is unconstitutional.

Why doesn't any administration bring up this issue with the supreme court?

Here's a discussion:

Is The Debt Ceiling Constitutional? | The Moderate Voice

 

[CrusaderFrank]

But Obamacare is constitutional?

LOL

 

[RetiredGySgt]

The debt limit creates a constitutional contradiction.

Congress mandates federal spending - no federal program comes into existence without congressional approval. These programs may not originate with the current congress, but they all originated in congress at some time.

Congress also sets the limits on taxation.

The difference between the spending that congress mandates and the limits on taxation is the federal debt.

The 14th amendment requires that congress honor this debt, but the debt limit law (created in 1917) creates a situation where congress can choose not to allow payment of the debt.

Basically, the debt limit law contradicts the 14th amendment. Being that the 14th amendment is part of the constitution and was created long before the debt limit law, it should trump the debt limit law. Therefore the debt limit law is unconstitutional.

Why doesn't any administration bring up this issue with the supreme court?

Here's a discussion:

Is The Debt Ceiling Constitutional? | The Moderate Voice

Read the damn thing, it clearly leaves to Congress the power to authorize debt, thus the debt ceiling. Failing to raise the ceiling does not equate to failure to honor the debt. Nor has Congress approved any more spending. No contradiction at all.

 

[JakeStarkey]

Is the Debt limit Constitutional?
Yup. Move along, folks, nothing to see here.

 

[Richard-H]

Can't face the fact that the debt ceiling contradicts the 14th amendment, now can we?

 

[Richard-H]

The debt limit creates a constitutional contradiction.

Congress mandates federal spending - no federal program comes into existence without congressional approval. These programs may not originate with the current congress, but they all originated in congress at some time.

Congress also sets the limits on taxation.

The difference between the spending that congress mandates and the limits on taxation is the federal debt.

The 14th amendment requires that congress honor this debt, but the debt limit law (created in 1917) creates a situation where congress can choose not to allow payment of the debt.

Basically, the debt limit law contradicts the 14th amendment. Being that the 14th amendment is part of the constitution and was created long before the debt limit law, it should trump the debt limit law. Therefore the debt limit law is unconstitutional.

Why doesn't any administration bring up this issue with the supreme court?

Here's a discussion:

Is The Debt Ceiling Constitutional? | The Moderate Voice

Read the damn thing, it clearly leaves to Congress the power to authorize debt, thus the debt ceiling. Failing to raise the ceiling does not equate to failure to honor the debt. Nor has Congress approved any more spending. No contradiction at all.

Where exactly does the constitution say that?

A search of the constitution for the word 'debt' comes up with nothing of what you are saying. It does say that Congress has the power to PAY THE DEBT, but nothing saying that Congress has to explicitly authorize the debt.

The 14th amendment clearly obligates Congress to pay the debt. No doubt. The purpose of the 14th amendment is to prevent Congress from refusing to pay debts.

Face it, the debt ceiling is unconstitutional. It just needs somebody to challenge it in the supreme court.

 

[HenryBHough]

Constitution?

Oh! THAT quaint old bit of graffiti!

Pay no mind to it - O'bummer sure don't.

 

[TNHarley]

if I am not mistaken, it is an ongoing debate.
perhaps that is why obama has yet to use the 14th in this shenanigans

 

[Richard-H]

if I am not mistaken, it is an ongoing debate.
perhaps that is why obama has yet to use the 14th in this shenanigans

Sure, those people that want congress to continue to use the debt ceiling to extort the Presidency say that it's constitutional.

Anybody that understands constitutionality knows that the 14th amendment trumps the debt ceiling law, and that the debt ceiling law is therefore unconstitutional.

 

[Richard-H]

The 14th amendment is Obama's 'ace in the hole', and he knows it. He's not going to show his cards until he has to.

Does anybody really think that the President is going to do nothing if congress doesn't raise the debt limit? Do you think that he'll just run in circles saying "There's nothing I can do!", when the world economy falls apart.

Not only will he order the treasury to continue paying the debt, as per the 14th amendment, but he very well may use the 14th amendment to send the GOP members of congress packing. They will be in severe violation of their congressional oaths.

 

[JakeStarkey]

There is no issue, O-richard..

It's constitutional.

 

[TNHarley]

are you a fuckin scholar or some pansy ass liberal?

 

[TNHarley]

There is no issue, O-richard..

It's constitutional.

to some, perhaps
this issue was brought up a few years ago but scholars could not agree.
I think they should and perhaps even amend. it is a big thing IMO

 

[Richard-H]

There is no issue, O-richard..

It's constitutional.

Why? Because you say so?

There are an awful lot of legal experts that disagree with you.

Try goggling:

"Is the debt Ceiling constitutional?"

You'll have a bit of an education.

 

[C_Clayton_Jones]

Is the Debt limit Constitutional?

It is until a Federal court rules otherwise.

Which none will.

 

[HenryBHough]

are you a fuckin scholar or some pansy ass liberal?

Harsh!

Not all "scholars" fuck - some just suck.

As we have seen......

Worse, not all liberals are pansy-assed. Indeed most favor the flowering skunk cabbage family.

 

[TNHarley]

are you a fuckin scholar or some pansy ass liberal?

Harsh!

Not all "scholars" fuck - some just suck.

As we have seen......

Worse, not all liberals are pansy-assed. Indeed most favor the flowering skunk cabbage family.

LOL

 

[Richard-H]

Is the Debt limit Constitutional?

It is until a Federal court rules otherwise.

Which none will.

Why? Just because nobody's challenged it yet?

If congress doesn't raise the debt ceiling and the economy crashes, you'll see that law declared unconstitutional in a blink of an eye.

 

[CrusaderFrank]

Can't face the fact that the debt ceiling contradicts the 14th amendment, now can we?

ObamaCare contradicts the entire Constitution

 

[RetiredGySgt]

The debt limit creates a constitutional contradiction.

Congress mandates federal spending - no federal program comes into existence without congressional approval. These programs may not originate with the current congress, but they all originated in congress at some time.

Congress also sets the limits on taxation.

The difference between the spending that congress mandates and the limits on taxation is the federal debt.

The 14th amendment requires that congress honor this debt, but the debt limit law (created in 1917) creates a situation where congress can choose not to allow payment of the debt.

Basically, the debt limit law contradicts the 14th amendment. Being that the 14th amendment is part of the constitution and was created long before the debt limit law, it should trump the debt limit law. Therefore the debt limit law is unconstitutional.

Why doesn't any administration bring up this issue with the supreme court?

Here's a discussion:

Is The Debt Ceiling Constitutional? | The Moderate Voice

Read the damn thing, it clearly leaves to Congress the power to authorize debt, thus the debt ceiling. Failing to raise the ceiling does not equate to failure to honor the debt. Nor has Congress approved any more spending. No contradiction at all.

Where exactly does the constitution say that?

A search of the constitution for the word 'debt' comes up with nothing of what you are saying. It does say that Congress has the power to PAY THE DEBT, but nothing saying that Congress has to explicitly authorize the debt.

The 14th amendment clearly obligates Congress to pay the debt. No doubt. The purpose of the 14th amendment is to prevent Congress from refusing to pay debts.

Face it, the debt ceiling is unconstitutional. It just needs somebody to challenge it in the supreme court.

Article I section 8

To borrow money on the credit of the United States;

Article I | U.S. Constitution | LII / Legal Information Institute

Any more foolish questions?