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kentuck

(111,098 posts)
Tue Oct 15, 2013, 11:52 AM Oct 2013

This is a constitutional crisis.

There is nothing in our Constitution that addresses such sabotage by a political Party that would stop government in its tracks.

That would permit one person, the Speaker of the House, from stopping people from voting on the floor of the House or even speaking on the floor of the House. A couple of days ago, they created such a rule to prevent any speech or votes to stop the shutdown.

The Founders never envisioned such a conflict within our government. They assumed that those elected to power would all be supportive of our government, even if there were conflicts about how to run it.

The President is an established constitutional scholar. It is time for him to gather all his knowledge and to use it to protect our Constitution and our country.

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This is a constitutional crisis. (Original Post) kentuck Oct 2013 OP
seems to me house members could demand a vote. stand up and demand it until they get it. robinlynne Oct 2013 #1
They tried it. kentuck Oct 2013 #2
If the House sends over a new version of the CR with the same H. Joint Res. number onenote Oct 2013 #12
A little complicated for the average person... kentuck Oct 2013 #14
No question about that. onenote Oct 2013 #26
I thought the Democrats should have challenged the rule a little more kentuck Oct 2013 #33
It was debated for an hour on September 30 onenote Oct 2013 #41
They could have threatened to shut down the House. kentuck Oct 2013 #43
If only they could have. onenote Oct 2013 #47
is this wrong then? questionseverything Oct 2013 #65
That's why the ReThugs like stupid constituents. Auntie Bush Oct 2013 #56
The question is why Harry Reid hasn't introduced new Senate rules all now malaise Oct 2013 #32
Sure there is, the constitution specifically indicates that... PoliticAverse Oct 2013 #3
But "rules of its Proceedings"... kentuck Oct 2013 #5
Political gridlock on major issues is not an invention of the 20th century Nuclear Unicorn Oct 2013 #6
I don't think this will destroy the government. It isn't a real 'constitutional crisis' PoliticAverse Oct 2013 #9
Do you think this is no different from other "shutdowns"? kentuck Oct 2013 #10
'Different'? Sure. Destroy the governemnt different, no. n/t PoliticAverse Oct 2013 #13
actually, the "rules of its proceedings" don't assume anything about whether the body will proceed onenote Oct 2013 #28
But, is it legal to "filibuster" the budget of the United States for the sole purpose.... kentuck Oct 2013 #34
Nothing in the constitution precludes one side from seeking the complete capitulation of the other onenote Oct 2013 #42
So you believe that.... kentuck Oct 2013 #48
Show me the provision of the constitution that is being violated. onenote Oct 2013 #49
And the 14th Amendment, Section 4, is the provision that will be violated... kentuck Oct 2013 #51
I think the "... shall not be questioned" gambit is being over-played ...... oldhippie Oct 2013 #60
"no one is questioning the validity of the US debt'... kentuck Oct 2013 #63
Validity is not the same thing as collectibilty .... oldhippie Oct 2013 #66
Validity is only "valid" so long as it is trusted and unquestioned. kentuck Oct 2013 #68
I don't think that is the legal definition ..... oldhippie Oct 2013 #69
That still doesn't answer the question of what version of a debt ceiling increase becomes law onenote Oct 2013 #70
WWSD? kentuck Oct 2013 #71
We're jumping back and forth between the CR and the debt ceiling onenote Oct 2013 #72
The debt and the debt limit are two different things, the debt limit De Facto violates the 14th Uncle Joe Oct 2013 #15
Good point. kentuck Oct 2013 #18
Precisely and only two Constitutional Nations have a debt limit, the U.S. and Denmark Uncle Joe Oct 2013 #22
I don't think it necessarily does, as the Government can raise money without borrowing more PoliticAverse Oct 2013 #19
Just by threatening to not raise the debt limit, the Republicans have violated the 14th Amendment. Uncle Joe Oct 2013 #25
That would mean that by actually vetoing a debt ceiling increase, President Clinton violated the 14h onenote Oct 2013 #29
Clinton didn't veto the debt ceiling increase, he vetoed the spending bill, Newt Gingrich threatened Uncle Joe Oct 2013 #35
Which means that this Congress... kentuck Oct 2013 #39
Hard to believe but it's true. Uncle Joe Oct 2013 #45
Wrong. He vetoed both a debt ceiling increase and a CR. onenote Oct 2013 #46
Clinton vetoed a bill to limit debt, not increase it. Uncle Joe Oct 2013 #59
Which is why I would expect the courts to rule that the government must pay the debt. PoliticAverse Oct 2013 #30
But it could only sell off public lands, etc... kentuck Oct 2013 #36
The constitution does give congress the power over federal property... PoliticAverse Oct 2013 #79
Paying late is "calling in to question" not to mention the fact that late payments increase interest Uncle Joe Oct 2013 #44
I believe they will use the Fourteenth Amendment to establish a case to override Baitball Blogger Oct 2013 #4
Political Parties? Bobcat Oct 2013 #7
These people are Traitors Period ruffburr Oct 2013 #8
Perhaps not. Make7 Oct 2013 #11
It is a Constitutional Crises that has cracked the Constitution to its core.... Agnosticsherbet Oct 2013 #16
The President's job is to "execute" the laws. kentuck Oct 2013 #20
Only the Supreme Court can adjudicate conflicts in the Constitution. Agnosticsherbet Oct 2013 #24
I hear you. kentuck Oct 2013 #37
I absolutely agree that this should be taken to the Supreme Court. Agnosticsherbet Oct 2013 #40
The 14th amendment and "emergency powers" gives Obama all the cover he needs. Renew Deal Oct 2013 #54
The Obama administation has consistantly stated that would not be Constitutional. Agnosticsherbet Oct 2013 #73
PATRIOT Act + RICO Act have provisions for terrorism. R. Daneel Olivaw Oct 2013 #17
Yup, and nadinbrzezinski Oct 2013 #21
Yup. Welcome to the party. I said it two weeks ago. IdaBriggs Oct 2013 #23
The Exectutive Branch shouldn't accept a "dirty" CR, but it sure as heck "can" onenote Oct 2013 #38
The early congresses had rules about when duelling was and wasn't allowed between members Recursion Oct 2013 #27
Crises of constitutional issues or existence, both, other? HereSince1628 Oct 2013 #31
Isn't that treason? kentuck Oct 2013 #50
Are you saying that it is treason to abolish departments of government onenote Oct 2013 #52
A small minority of one Party in one House... kentuck Oct 2013 #55
President Clinton vetoed a debt ceiling bill against the wishes of a majority of the two houses onenote Oct 2013 #62
It certainly seems to run against the 14th Amendment HereSince1628 Oct 2013 #75
Apparently, we dare NOT call it treason HereSince1628 Oct 2013 #74
How about a compromise, we'll repeal Obamacare if we can replace it with Medicare for All? ErikJ Oct 2013 #53
Agreed. nt ecstatic Oct 2013 #57
I don't think it's a constitutional crisis LittleBlue Oct 2013 #58
Until it isn't.. kentuck Oct 2013 #61
When this first came up, I read that amendment LittleBlue Oct 2013 #64
Excellent point! kentuck Oct 2013 #67
I agree gopiscrap Oct 2013 #76
The only remedy is next year's elections many a good man Oct 2013 #77
Nothing in the Constitution enforces democracy. GeorgeGist Oct 2013 #78

robinlynne

(15,481 posts)
1. seems to me house members could demand a vote. stand up and demand it until they get it.
Tue Oct 15, 2013, 11:54 AM
Oct 2013

I think they will, once the senate creates it's proposal.

kentuck

(111,098 posts)
2. They tried it.
Tue Oct 15, 2013, 11:56 AM
Oct 2013

They lined up and made unanimous request to have a vote and were told that was not permitted because a "new rule" was made by the Republicans.

onenote

(42,704 posts)
12. If the House sends over a new version of the CR with the same H. Joint Res. number
Tue Oct 15, 2013, 12:18 PM
Oct 2013

then the Senate can and will amend it by removing those portions of the House bill they don't like and inserting provisions they want that aren't in the House bill. A vote on that bill would be in order (i.e., not covered by the suspension of Rule XXII, Clause 4). The House would vote and decline to accept the Senate amendments, would insist on their own amendments and request a conference. When the Senate refused the request for Conference, then the suspension of Rule XXII Clause 4 would kick in to prevent any member from asking that the full House take up Senate version.

kentuck

(111,098 posts)
14. A little complicated for the average person...
Tue Oct 15, 2013, 12:28 PM
Oct 2013

Did the Senate refuse a request for "conference"? I thought they had tried like 20 times?

Had the rule change by Cantor ever been used before to stop a vote in such a manner as they did a couple of days ago? I have not read of any precedent?

onenote

(42,704 posts)
26. No question about that.
Tue Oct 15, 2013, 01:02 PM
Oct 2013

The machinations of the House and Senate can be hard to follow. The opportunities for gridlock are legion. In this instance, the House and Senate reached what is formally considered a "stage of disagreement" when the Senate tabled the last version of the CR and asked for a conference. http://thomas.loc.gov/cgi-bin/query/D?r113:4:./temp/~r113U67dE4::

Normally, when a stage of disagreement is reached, a member of the House can make a privileged (non amendable) motion to take up the Senate version of the bill. But in this instance, the House had voted that the rule allowing this would be suspended for purposes of H. Joint Res. 59, and onlyl the Majority Leader or his designee could make such a motion. While its not unheard of for the House to vote to suspend one or more of its rules as part of the "rule" governing the consideration of a particular bill, I'm unaware of this particular rule having been suspended in the past. Doesn't mean it hasn't been done, just that I can't recall it. It would only become controversial if the legislative fight reached a stage of disagreement, which itself is unusual (i.e., typically, where one house requests a conference, the other agrees to that request).

kentuck

(111,098 posts)
33. I thought the Democrats should have challenged the rule a little more
Tue Oct 15, 2013, 01:13 PM
Oct 2013

and demanded the Republicans explain themselves more thoroughly. If it was suspended for the purposes of HJ Res 59, the Speaker on the floor never explained it in such a manner. It seemed shady to me...

onenote

(42,704 posts)
41. It was debated for an hour on September 30
Tue Oct 15, 2013, 01:29 PM
Oct 2013

and no one could have missed the fact of what it was doing. Indeed, Louise Slaughter (ranking Democrat on the Rules Committee) expressly urged the Democrats in the House to vote against the rule. Given that 199 Democrats did vote against it, it is pretty clear that they knew the game the repubs were playing. The problem wasn't that they didn't know, it was that they didn't have the votes to stop it.

onenote

(42,704 posts)
47. If only they could have.
Tue Oct 15, 2013, 01:49 PM
Oct 2013

Unfortunately, the most they could do is walk out and there would still be a quorum.

questionseverything

(9,656 posts)
65. is this wrong then?
Tue Oct 15, 2013, 03:04 PM
Oct 2013

The vote on the bill was:
Republican Yeas: 221 Nays: 9
Democrats Yeas: 7 Nays: 190
Not voting Rep: 1 Dem: 3

In order to pass, it needed 216 or 217. It would have passed regardless of how those 7 Dems voted.

That doesn't negate their intransigence, but it would have been much worse if their votes could have defeated it.

http://clerk.house.gov/...

Auntie Bush

(17,528 posts)
56. That's why the ReThugs like stupid constituents.
Tue Oct 15, 2013, 02:39 PM
Oct 2013

Easy to con, can't think for themselves and easy to manipulate...the dumber the better!

malaise

(269,024 posts)
32. The question is why Harry Reid hasn't introduced new Senate rules all now
Tue Oct 15, 2013, 01:13 PM
Oct 2013

See how quickly these ReTHUG scumbags changed their rules.

PoliticAverse

(26,366 posts)
3. Sure there is, the constitution specifically indicates that...
Tue Oct 15, 2013, 12:01 PM
Oct 2013

"Each House may determine the Rules of its Proceedings" and the Speaker of the House is
an office provided for in the Constitution. This is about a 'conflict about how to run it'.
This isn't the first 'shutdown' in US history.

The debt limit is an unsettled constitutional issue, but I'd expect courts to find that
and debt of the US must be paid due to the 14th amendment.





kentuck

(111,098 posts)
5. But "rules of its Proceedings"...
Tue Oct 15, 2013, 12:03 PM
Oct 2013

assumes it is going to "proceed". It doesn't permit destruction of our system of government.

Nuclear Unicorn

(19,497 posts)
6. Political gridlock on major issues is not an invention of the 20th century
Tue Oct 15, 2013, 12:06 PM
Oct 2013

Such things were well known back in the day. I dare say it's not a bug but an intentional feature of the system.

PoliticAverse

(26,366 posts)
9. I don't think this will destroy the government. It isn't a real 'constitutional crisis'
Tue Oct 15, 2013, 12:08 PM
Oct 2013

until the Supreme Court is involved. But then some of us lived through prior government partial-shutdowns
and even the 1979 partial default.



onenote

(42,704 posts)
28. actually, the "rules of its proceedings" don't assume anything about whether the body will proceed
Tue Oct 15, 2013, 01:05 PM
Oct 2013

the rules (such as, in the Senate, the filibuster rule) creates as many ways to prevent the body from proceeding to consider a particular legislative proposal as it does ways to allow such consideration.

kentuck

(111,098 posts)
34. But, is it legal to "filibuster" the budget of the United States for the sole purpose....
Tue Oct 15, 2013, 01:16 PM
Oct 2013

of shutting down our government or absolute capitulation of your political opponents? That is the constitutional matter, in my opinion.

onenote

(42,704 posts)
42. Nothing in the constitution precludes one side from seeking the complete capitulation of the other
Tue Oct 15, 2013, 01:40 PM
Oct 2013

Heck, when Bill Clinton vetoed both a debt ceiling increase and a CR and the government went into shutdown mode, he would have been perfectly happy to accept the complete capitulation of the houseand senate to his position. In the end, both sides compromised (the house and senate moreso than Clinton), but there was no consitituional issue as whether it was appropriate for Clinton to veto funding and debt ceiling bills that had been passed by a majority of both the house and senate.

Also, while the government shutdown is bad for the economy and bad for millions of people who don't have certain government services available to them, it is not a total shutdown of the government. The House and Senate have not ceased functioning, the President is still carrying out his constitutionally assigned roles as chief executive and commander in chief and the Supreme Court is still open for business.

Most of what makes up the government is unquestionably essential, but its also mostly not constitutionally mandated. If the House and Senate wanted to abolish the Department of Homeland Security and the President supported that action, it would be a constitutional action.

So what we have here is a crisis, but not necessarily one that I would describe as a "constitutional" crisis.

kentuck

(111,098 posts)
48. So you believe that....
Tue Oct 15, 2013, 01:58 PM
Oct 2013

the Republicans are acting in a constitutional manner by stopping votes and debate on whether or not to shut down the government?

onenote

(42,704 posts)
49. Show me the provision of the constitution that is being violated.
Tue Oct 15, 2013, 02:14 PM
Oct 2013

I think its ridiculous that they are doing what they're doing and I want it to come back and bite them on the ass during the 2014 elections and for years beyond. But the Constitution says that the House and Senate get to determine the rules of their proceedings. There is nothing in the Constitution that I can see that limits that power and nothing that is violated by either side in a congressional and/or congressional/legislative showdown over legislation. The House could have (and maybe if we capture the House in 2014 we will) changed Rule XXII, Clause 4 so that it always is up to the Speaker or the Majority leader or the members of DU to decide when a particular bill can be brought up for a vote). It wouldn't be unconsitutional. Indeed, the discharge procedure is not mandated anywhere in the Constitution and there would be nothing that would stop a majority in the House from doing away with that procedure. The problem isn't that the constitution prohibits what the repubs are doing; the problem is that the Constitution doesn't prohibit it. The House and Senate have already each passed bills to fund the government and both are likely to have passed debt ceiling increase legislation. But the bills that each body has passed are not the same and that means under the Constitution, they are not law. And nothing in the Constitution allows the judiciary or the executive branch or one house of congress to dictate which of two non-identical pieces of legislation becomes law without the concurrence of both houses.

Believe me, I don't like this one bit. I didn't like in 1995-96 when my girlfriend, who worked for a federal agency, was out of work for several weeks. I don't like it now, when millions of people are being hurt. If the repubs, heaven forbid, were to capture both the House and Senate and started dismantling government programs, I would hope like hell the President would veto every one of their actions. And I hate to imagine what would happen if the repubs were to capture the White House in 2016. Fortunately, the repubs are in the process of cutting their own collective throats.

As for what the President should do if we get to the point of an actual default? I think he should take action under the 14th Amendment and let the chips fall where they may.

kentuck

(111,098 posts)
51. And the 14th Amendment, Section 4, is the provision that will be violated...
Tue Oct 15, 2013, 02:25 PM
Oct 2013

Section 4.

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.

 

oldhippie

(3,249 posts)
60. I think the "... shall not be questioned" gambit is being over-played ......
Tue Oct 15, 2013, 02:52 PM
Oct 2013

I don't think it means what everyone seems to want it to mean. When that wording was put into the amendment there were factions questioning the validity of some of the debt issued by various entities during the Civil War. The wording was to alleviate that issue, as evidenced by the first clause.

Now, no one is questioning the validity of the US debt. All parties agree it is valid debt of the US government. It's not being "questioned." The issue now is whether and when it will be paid. That's a default, and a different issue than questioning the validity of the debt.

kentuck

(111,098 posts)
63. "no one is questioning the validity of the US debt'...
Tue Oct 15, 2013, 02:58 PM
Oct 2013

Except the Chinese, the Japanese, and all the buyers of US Treasuries.

I guess we could write it all off or agree to pay them 10 cents on the dollar?

??? " The issue now is whether and when it will be paid. " ???

 

oldhippie

(3,249 posts)
66. Validity is not the same thing as collectibilty ....
Tue Oct 15, 2013, 03:05 PM
Oct 2013

No one questioned the validity of the Greek bonds either. They questioned whether or not they would be paid. Two different things. If the debt wasn't valid they would have no claim at all.

Any bankruptcy lawyers want to weigh in on this?

kentuck

(111,098 posts)
68. Validity is only "valid" so long as it is trusted and unquestioned.
Tue Oct 15, 2013, 03:10 PM
Oct 2013

They are playing with fire. If the US currency is no longer considered note-worthy, then it is about something more than a simple definition in a text book.

 

oldhippie

(3,249 posts)
69. I don't think that is the legal definition .....
Tue Oct 15, 2013, 03:15 PM
Oct 2013

Maybe the Supremes will get to determine the legal, Constitutional definition?

onenote

(42,704 posts)
70. That still doesn't answer the question of what version of a debt ceiling increase becomes law
Tue Oct 15, 2013, 03:26 PM
Oct 2013

and how it gets to be law if both houses don't pass a law. Who picks the amount of the increase and the duration? Or is the goal to get the court to hold that a debt ceiling itself is unconsitutional?

onenote

(42,704 posts)
72. We're jumping back and forth between the CR and the debt ceiling
Tue Oct 15, 2013, 05:00 PM
Oct 2013

On the debt ceiling, the answer may end up having to come in the form of Supreme Court ruling as to the validity of a presidential action that unilaterally exceeds the statutory debt ceiling, presumably on the grounds that the debt ceiling itself is unconstitutional.

On the CR, I don't see any route by which any court or the executive branch could unilaterally fund the government.

Uncle Joe

(58,364 posts)
15. The debt and the debt limit are two different things, the debt limit De Facto violates the 14th
Tue Oct 15, 2013, 12:31 PM
Oct 2013

Amendment.

kentuck

(111,098 posts)
18. Good point.
Tue Oct 15, 2013, 12:41 PM
Oct 2013

If the debts of the US cannot be questioned, how can you put a "limit" on it? After all, once a budget is passed, the Congress has already agreed to spend a certain amount of money and to borrow a certain proportion of the debt.

Uncle Joe

(58,364 posts)
22. Precisely and only two Constitutional Nations have a debt limit, the U.S. and Denmark
Tue Oct 15, 2013, 12:48 PM
Oct 2013



http://en.wikipedia.org/wiki/Debt_ceiling

The United States and Denmark are the only constitutional countries to have legislative restrictions on the incurring of public debt. The Danish debt ceiling is, however, mainly a formality and follows the budgeting and expenditure process and provides ample latitude for unforeseen deficits. It has never created the periodic crises as has the American.



The debt limit is nothing but a political football which only serves to raise question as to the United States' ability or commitment to pay its' debt and obligations, thus violating the 14th Amendment.

PoliticAverse

(26,366 posts)
19. I don't think it necessarily does, as the Government can raise money without borrowing more
Tue Oct 15, 2013, 12:44 PM
Oct 2013

(selling assets like Federal land for example) and the interest on the current US debt can
be paid from already existing tax revenue. Ultimately such a question can only be settled
under our current system by the Supreme Court.

Uncle Joe

(58,364 posts)
25. Just by threatening to not raise the debt limit, the Republicans have violated the 14th Amendment.
Tue Oct 15, 2013, 12:58 PM
Oct 2013


http://en.wikipedia.org/wiki/Debt_limit#Debt_ceiling

If the debt ceiling is not raised by the time extraordinary measures are exhausted, the government will be unable to pay its financial obligations. The United States has never reached this point. If extraordinary measures are exhausted, the executive branch has the authority to determine which obligations are paid and which are not.[25]

Failure to pay obligations has been characterized as a default; however, some have argued that the executive branch can choose to prioritize interest payments on bonds, which would avoid an immediate, direct default on sovereign debt. During the debt ceiling crisis in 2011, Treasury Secretary Timothy Geitner argued that prioritization of interest payments would not help since government expenditures would have needed to be cut by an unrealistic 40% if the debt ceiling is not raised. Also, a default on non-debt obligations would still undermine American creditworthiness according to at least one rating agency.[26] In 2011, the Treasury suggested that it could not prioritize certain types of expenditures because all expenditures are on equal footing under the law. In this view, when extraordinary measures are exhausted, no payments could be made at all and the United States would be in default on all of its obligations.[27] The CBO notes that prioritization would not avoid the technical definition found in Black's Law Dictionary where default is defined as “the failure to make a payment when due.”[28]

Controversy[edit]A vote to increase the debt ceiling is usually seen as a formality[by whom?], needed to continue spending that has already been approved previously by Congress and the President. Earlier reports to Congress from experts have repeatedly said that the debt limit is an ineffective means to restrain the growth of debt.[8] James Surowiecki argues that the debt ceiling originally served a useful purpose. When introduced, the President had stronger authority to borrow and spend as he pleased; however, after 1974, Congress began passing comprehensive budget resolutions that specify exactly how much money the government can spend.[9] The apparent redundancy of the debt ceiling has led to suggestions that it should be abolished altogether.[29][30]

A January 2013 poll of a panel of highly regarded economists found that 84% agreed or strongly agreed that, since Congress already approves spending and taxation, "a separate debt ceiling that has to be increased periodically creates unneeded uncertainty and can potentially lead to worse fiscal outcomes." Only one member of the panel, Luigi Zingales, disagreed with the statement.[31]



I agree with that the Supreme Court will need to decide.

onenote

(42,704 posts)
29. That would mean that by actually vetoing a debt ceiling increase, President Clinton violated the 14h
Tue Oct 15, 2013, 01:07 PM
Oct 2013

Amendment.

I don't think he did, and upon reflection, I would hope that you would agree.

Uncle Joe

(58,364 posts)
35. Clinton didn't veto the debt ceiling increase, he vetoed the spending bill, Newt Gingrich threatened
Tue Oct 15, 2013, 01:17 PM
Oct 2013

to not raise the debt ceiling potentially leading to default.



http://en.wikipedia.org/wiki/United_States_federal_government_shutdown_of_1995%E2%80%9396

The United States federal government shutdowns of 1995 and 1996 was the result of conflicts between Democratic President Bill Clinton and the Republican Congress over funding for Medicare, education, the environment, and public health in the 1996 federal budget. The government shut down after Clinton vetoed the spending bill the Republican Party-controlled Congress sent him. The federal government of the United States put government workers on furlough and suspended non-essential services from November 14 through November 19, 1995 and from December 16, 1995 to January 6, 1996, for a total of 21 days. The major players were President Clinton and Speaker of the U.S. House of Representatives Newt Gingrich.

(snip)

When Clinton refused to cut the budget in the way Republicans wanted, Gingrich threatened to refuse to raise the debt limit, which would have caused the United States Treasury to suspend funding other portions of the government to avoid putting the country in default.[2]

Uncle Joe

(58,364 posts)
59. Clinton vetoed a bill to limit debt, not increase it.
Tue Oct 15, 2013, 02:49 PM
Oct 2013


http://en.wikipedia.org/wiki/United_States_federal_government_shutdown_of_1995%E2%80%9396

Since a budget for the new fiscal year was not approved, on October 1 the entire federal government operated on a continuing resolution authorizing interim funding for departments until new budgets were approved. The continuing resolution was set to expire on November 13 at midnight, at which time non-essential government services were required to cease operations in order to prevent expending funds that had not yet been appropriated. Congress passed a continuing resolution for funding and a bill to limit debt, which Clinton vetoed[1][4] as he denounced them as "backdoor efforts" to cut the budget in a partisan manner.[2]



Having said that it, the debt limit serves no useful purpose especially since 1974 as it only creates "unneeded uncertainty" and has become a political football.

The United States and Denmark are the only two Constitutional Nations with a debt ceiling, the other nations seem to be doing well without one.



http://en.wikipedia.org/wiki/Debt_ceiling

The United States and Denmark are the only constitutional countries to have legislative restrictions on the incurring of public debt. The Danish debt ceiling is, however, mainly a formality and follows the budgeting and expenditure process and provides ample latitude for unforeseen deficits. It has never created the periodic crises as has the American.[4]

(snip)

A vote to increase the debt ceiling is usually seen as a formality[by whom?], needed to continue spending that has already been approved previously by Congress and the President. Earlier reports to Congress from experts have repeatedly said that the debt limit is an ineffective means to restrain the growth of debt.[8] James Surowiecki argues that the debt ceiling originally served a useful purpose. When introduced, the President had stronger authority to borrow and spend as he pleased; however, after 1974, Congress began passing comprehensive budget resolutions that specify exactly how much money the government can spend.[9] The apparent redundancy of the debt ceiling has led to suggestions that it should be abolished altogether.[29][30]

A January 2013 poll of a panel of highly regarded economists found that 84% agreed or strongly agreed that, since Congress already approves spending and taxation, "a separate debt ceiling that has to be increased periodically creates unneeded uncertainty and can potentially lead to worse fiscal outcomes." Only one member of the panel, Luigi Zingales, disagreed with the statement.[31]



Furthermore, I'm not the only one that believes a debt ceiling should be unConstitutional as it violates the 14th Amendment section 4.

So does Bill Clinton as do many others.



http://en.wikipedia.org/wiki/United_States_debt-ceiling_crisis_of_2011


Garrett Epps counter-argued that the President would not be usurping Congressional power by invoking Section 4 to declare the debt ceiling unconstitutional, because the debt ceiling exceeds Congressional authority. He called it legislative "double-counting," as paraphrased in The New Republic, "because Congress already appropriated the funds in question, it is the executive branch's duty to enact those appropriations."[94] In other words, given Congress has appropriated money via federal programs, the Executive is obligated to enact and, therefore, fund them, but the debt ceiling's limit on debt prevents the executive from carrying out the instructions given by Congress, on the constitutional authority to set appropriations; essentially, to obey the statutory debt ceiling would require usurping congress' constitutional powers, and hence the statute must be unconstitutional.
Former President Bill Clinton endorsed this counter-argument, saying he would eliminate the debt ceiling using the 14th Amendment. He called it "crazy" that Congress first appropriates funds and then gets a second vote on whether to pay.[95]

PoliticAverse

(26,366 posts)
30. Which is why I would expect the courts to rule that the government must pay the debt.
Tue Oct 15, 2013, 01:11 PM
Oct 2013

But it could do so by selling Federal assets, not necessarily borrowing more money. Note that
the 14th amendment doesn't mention 'default' so it doesn't necessarily preclude late payments
(with possible additional interest being added to the amount, which is what happened in the 1979
partial US default case).

PoliticAverse

(26,366 posts)
79. The constitution does give congress the power over federal property...
Wed Oct 16, 2013, 10:33 AM
Oct 2013

"The Congress shall have power to dispose of and make all needful rules and regulations
respecting the territory or other property belonging to the United States;" (Article IV Section 3).

Uncle Joe

(58,364 posts)
44. Paying late is "calling in to question" not to mention the fact that late payments increase interest
Tue Oct 15, 2013, 01:44 PM
Oct 2013

rates making sustaining the debt all the more difficult.

You can only sell so many assets, which takes time as well, the economic devastation from default would not be offset by selling assets.

1979 was a very short term and miniscule default/partial default compared to the total debt and yet interest rates started to rise nonetheless.



http://en.wikipedia.org/wiki/United_States_credit_default

A full United States credit default has never happened on its debt obligations.[1][2] In April 1979, however, the United States may have technically defaulted on $122 million in Treasury bills, which was less than 1% of U.S. debt. The Treasury Department characterized it as a delay rather than as a default, but it did have consequences for short-term interest rates, which jumped 0.6%.[3] Others view it as a temporary, partial default.[4][5][6]



Furthermore the 1979 credit default wasn't premeditated, being more of a glitch, however deliberately not raising the debt ceiling and causing economic devastation is a whole different category.

Bobcat

(246 posts)
7. Political Parties?
Tue Oct 15, 2013, 12:07 PM
Oct 2013

Actually, there is nothing in our Constitution about political parties at all. Washington, in his farewell address, warned against their development - for reasons we see being played out now by the tea party wing of the Republican party. They are so zealous in their tilt to ideological purity they can't see that they are destroying their own party at a minimum and the country as a whole. They scoff at the centerpiece of governance - compromise. Hard for me to say, but the key to avoiding this disaster may lie in the Republican party's willingness to save itself. Absent that, kentuck is spot on with his assessment.

Make7

(8,543 posts)
11. Perhaps not.
Tue Oct 15, 2013, 12:12 PM
Oct 2013

Maybe they felt that if there came such a time when the Congress couldn't even pass the necessary bills to keep the country running, perhaps the nation was undeserving of actually being a country anymore. Time for a change.

Agnosticsherbet

(11,619 posts)
16. It is a Constitutional Crises that has cracked the Constitution to its core....
Tue Oct 15, 2013, 12:38 PM
Oct 2013

If the only choice is to violate the Constitution, are we nearer the rock or the hard place.

I confess that I would like to see President Obama do something, even if its is unconstitutional, but I'm conflicted by that notion.

The problem I have is that twice in my live I have lost everything and ended up homeless and starving. December 31st is my deadline. We go past that I and my family will have nothing. At my age, I don't think I have the energy or the time to build it all again.

kentuck

(111,098 posts)
20. The President's job is to "execute" the laws.
Tue Oct 15, 2013, 12:45 PM
Oct 2013

A minority in the House cannot make a law that does not pass constitutional muster. If the Constitution says that our debts shall not be questioned, the President has the authority to make sure that law is executed. He doesn't want to invoke the 14th Amendment for the effect it might have on the bond markets etc, around the world. It's not something he would prefer to do. However, if the choice is that or to default on our debt, the former is preferable.

Agnosticsherbet

(11,619 posts)
24. Only the Supreme Court can adjudicate conflicts in the Constitution.
Tue Oct 15, 2013, 12:54 PM
Oct 2013

This has never been used before. He would either do it, and be taken to court by the Congress, or he could take Congress to the Court when they refuse to raise the debt ceiling.

Either way we will default on the debt for a short time (and the bulk of he Government will remain closed).

Considering that, I think we are a bit closer to the rock, though it won't make a difference. I can't eat rocks.

kentuck

(111,098 posts)
37. I hear you.
Tue Oct 15, 2013, 01:23 PM
Oct 2013

In my opinion, I think he should stretch his patience to the very limit. If Congress does not vote to extend debt limit by Thursday, the Treasury would still have about $30 billion dollars on hand, I have heard reported. So there is a small time frame for the President to make such a huge decision.

If the Congress could not come to an agreement and the country was near "actual default", then the President should declare that the Treasury will pay all US debts. If the Congress took it to the Supreme Court, then it would be huge challenge for our low-IQ majority in the Supreme Court, mainly people like Scalia and Thomas, etc...

However, taking it to the Supreme Court would be preferable to letting our country default, do you agree?

Agnosticsherbet

(11,619 posts)
40. I absolutely agree that this should be taken to the Supreme Court.
Tue Oct 15, 2013, 01:29 PM
Oct 2013

rather than default. It would not take long in terms of time because the Supreme Court has the authority to stop what their doing when the President and Congress comes to call with a matter of vital national importance. Even with the more Conservative members of the court, I think the most likely result would be to find the debt limit law unconstitutional based on the 14th amendment.

Agnosticsherbet

(11,619 posts)
73. The Obama administation has consistantly stated that would not be Constitutional.
Tue Oct 15, 2013, 05:22 PM
Oct 2013

Come the 17th, if the Republicans have refused to sit down and negotiate in good faith, I will not be surprised if he used the 14th Amendment to continue to pay US debt. At that point, Republicans in Congress will either take him to the Supreme Court or simply impeach him. I think they will choose the later even though they know it would never be upheld by the Senate. There is a chance that the SCOTUS will find the Debt limit law Unconstitutional, and that would take one of their toys away.

 

R. Daneel Olivaw

(12,606 posts)
17. PATRIOT Act + RICO Act have provisions for terrorism.
Tue Oct 15, 2013, 12:41 PM
Oct 2013

Some have said that using them against the GOP leaderhip would create a constitutional crisis, but I said last week what you are saying now.

We already are facing a constitutional crisis.



Do we let it all fall apart or try to save it?
 

IdaBriggs

(10,559 posts)
23. Yup. Welcome to the party. I said it two weeks ago.
Tue Oct 15, 2013, 12:53 PM
Oct 2013

October 1, 2013 -

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=3761068

This time it is Obamacare. Next time it is a rider saying women can't use contraception and anyone who gets an abortion gets to go to jail, and after that it is about the uppity lower class getting money for college, and then forget about that crazy equal rights thing --

Get it? The Executive Branch can NOT govern that way. Heck, he can't even get them to do their jobs NOW and put judges in office, or get his appointed regulatory people in place -- and you want him to "compromise" on having *ANYTHING* they want added to a FUND THE GOVERNMENT resolution?



and then followed it up on October 3, 2013 with

http://www.democraticunderground.com/1251327611

The Executive Branch CANNOT accept a "dirty" Continuing Resolution.

Period.

At one level, this is a constitutional crisis because the Republicans are actually trying to circumvent the process we use to negotiate and implement laws.

(blah, blah, blah)


I *knew* I was right! Lol!

onenote

(42,704 posts)
38. The Exectutive Branch shouldn't accept a "dirty" CR, but it sure as heck "can"
Tue Oct 15, 2013, 01:24 PM
Oct 2013

Hell, the Executive Branch can accept a "dirty" debt ceiling increase. But generally speaking, it should do everything possible not to do so or to trim the extraneous provisions to an acceptable level. That's what Bill Clinton did when he vetoed a debt ceiling increase and CR that had unacceptable provisions. Eventually, he signed a CR and a debt ceiling increase that "gave" the republicans a couple of provisions that they wanted. Clinton may regret having given in even that small amount, but he would never claim that he was without the authority to do so.

Recursion

(56,582 posts)
27. The early congresses had rules about when duelling was and wasn't allowed between members
Tue Oct 15, 2013, 01:04 PM
Oct 2013

I think we have eras of extreme conflict and eras of more cohesion.

HereSince1628

(36,063 posts)
31. Crises of constitutional issues or existence, both, other?
Tue Oct 15, 2013, 01:13 PM
Oct 2013

Personally, I see it as both a constitutional and existential crisis.

Constitutional not because of sabotage---which is merely insurrectionby other means--but because there is a long practice of a 95 year old law interfering with a ratified Constitutional amendment.

Existential because, the only obvious outcome that will meet the TP's expectation is is destruction of the federal government. Without a federal government, the USA as currently organized ceases to exist.

onenote

(42,704 posts)
52. Are you saying that it is treason to abolish departments of government
Tue Oct 15, 2013, 02:25 PM
Oct 2013

even where they are not mandated by the Constitution? That we're stuck with the Department of Homeland Security forever?

The original cabinet of the United States consisted of the Secretary of State, the Secretary of War, Secretary of the Treasury and Attorney General. The Department of Justice wasn't created until after the Civil War.

Congress has the Constitutional power to create these departments of government. That means it has the power to abolish them. It has separately the power to fund them. And that means it has the power to increase, decrease, or eliminate the funding for them.


The teamorons think its "treason" for Congress to have passed and the President signed the ACA. That's absurd. But it serves to point out that characterizing support or opposition to discretionary government activities (i.e. activities not mandated by the Constitution) as treason is a dangerous path.

kentuck

(111,098 posts)
55. A small minority of one Party in one House...
Tue Oct 15, 2013, 02:36 PM
Oct 2013

does not have the constitutional authority to abolish anything. It must pass both Houses of Congress and signed by the President before it can be repealed.

It is treason if their intent is to destroy the US government.

But the question is, constitutionally, does the House have the authority to not pay our debts and to shut down our government against the wishes of the majority of both House and Senate?? Do they have the authority to make such a rule that stands against the very spirit of the Constitution and the rule of open debate?

onenote

(42,704 posts)
62. President Clinton vetoed a debt ceiling bill against the wishes of a majority of the two houses
Tue Oct 15, 2013, 02:58 PM
Oct 2013

and they actually had voted, whereas here the only way to know if there is a majority that favors a particular version of the CR (or of the debt ceiling) is for them to vote. The only evidence we have of the position of the majority is that a majority of the House voted for the resolution that gave the majority leader the discretion to decide whether or when to call up the Senate's version of the House bill. What would you think if the Supreme Court held that the Senate must vote on the House version? Or that the President can't veto a CR or debt ceiling bill? The only reason that there was no vote by the Senate on the House version is that there was a vote to "table" the House version. Just as there was a vote by a majority of the House to constitutionally carry out its role of determining the rules governing its proceedings.

Its a crappy situation, and one that shouldn't arise when people behave rationally. But there is nothing in the constitution that gives any other branch of government authority to dictate the contents of legislation that either house of congress considers.

HereSince1628

(36,063 posts)
75. It certainly seems to run against the 14th Amendment
Tue Oct 15, 2013, 05:37 PM
Oct 2013

I suppose someone could argue that the bills of the USA will actually be paid, but regulated to a later payment.

HereSince1628

(36,063 posts)
74. Apparently, we dare NOT call it treason
Tue Oct 15, 2013, 05:34 PM
Oct 2013

owing to particular parsing of legal language...

But, you know what pappy Bush said...if it looks like duck, walks like a duck, and quacks like a duck...

Well, there -must- be some duck-ness there.

 

LittleBlue

(10,362 posts)
58. I don't think it's a constitutional crisis
Tue Oct 15, 2013, 02:43 PM
Oct 2013

More like a political and financial crisis.

If we started charging members of the house with treason or mint a $1tr coin, then you'll get your constitutional crisis.

Unfortunately, everything that has happened is entirely constitutional.

kentuck

(111,098 posts)
61. Until it isn't..
Tue Oct 15, 2013, 02:52 PM
Oct 2013

...when they decide to not pay the debts incurred by our nation. Then it's a constitutional crisis. No doubt but that it is also a political and financial crisis.

 

LittleBlue

(10,362 posts)
64. When this first came up, I read that amendment
Tue Oct 15, 2013, 02:58 PM
Oct 2013

What I found interesting was the fifth provision

The remedy unfortunately is by congressional mandate.

Section 4. 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.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.[1]

http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution#Power_of_enforcement_2

Now sure, you're right that the constitution is being violated. Unfortunately the body who enforces this law is also the body causing the crisis: congress. So there's no way to enforce this law.

kentuck

(111,098 posts)
67. Excellent point!
Tue Oct 15, 2013, 03:07 PM
Oct 2013

You say: "Now sure, you're right that the constitution is being violated. Unfortunately the body who enforces this law is also the body causing the crisis: congress. So there's no way to enforce this law. "

But the body that executes the law is the Executive Branch. Congress legislates. In my opinion, it is the President's duty to enforce the law by commanding the Treasury to pay all our debts. The law is already on the books - there is no need for the Congress to write "appropriate legislation".

However, a future Congress may need to pass some legislation to clarify the language?

many a good man

(5,997 posts)
77. The only remedy is next year's elections
Tue Oct 15, 2013, 08:24 PM
Oct 2013

It's an obvious Constitutional flaw that permits a radical minority in one chamber to wreck the government and tank the economy.

GeorgeGist

(25,321 posts)
78. Nothing in the Constitution enforces democracy.
Wed Oct 16, 2013, 08:21 AM
Oct 2013

Who'd a thunk it?

Apparently not the 'Founding Fathers'.

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