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Could Obama Just Ignore the Debt Ceiling? (NYT trial balloon)
New York Times ^ | June 28, 2011 | CATHERINE RAMPELL

Posted on 06/28/2011 2:52:34 PM PDT by reaganaut1

In the ongoing debate over raising the debt ceiling, one option has not had much prominence: whether the Obama administration could ignore it altogether, and just spend the money it owes anyway. Would that be legal?

Matthew Zeitlin at The New Republic spoke with a few political scientists, budget wonks and constitutional scholars who argue that it would be. An excerpt:

Garrett Epps, a legal journalist and professor at University of Baltimore School of Law, has made an even broader argument in a pair of articles for The Atlantic’s website. In an interview, Epps told me that there was a strong argument that the debt ceiling is unconstitutional because it exceeds the legislative branch’s power of the purse. The argument goes like this: Because Congress already appropriated the funds in question, it is the executive branch’s duty to enact those appropriations. The debt ceiling, then, is legislative “double-counting,” because the executive branch is obligated to spend the money Congress appropriates, without having to go back and ask again for permission.

Of course, ignoring the debt ceiling could have some severe political consequences, especially since most Americans do not seem to realize that doing so primarily requires making good on payments already promised, as opposed to committing to new spending. That may explain why most Americans still are against raising the ceiling.

(Excerpt) Read more at economix.blogs.nytimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Front Page News; Government
KEYWORDS: constitution; dearleader; debtceiling; debtlimit; ilduce; imperialpresidency; lawless; mayitbethefinalstraw; obama
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He certainly will if he thinks it is advantageous. Republicans better shoot down this trial balloon.
1 posted on 06/28/2011 2:52:37 PM PDT by reaganaut1
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To: reaganaut1
Wow.

They are just ignoring every law.

And they have the NYT cheerleading.

America, she is done.

2 posted on 06/28/2011 2:55:24 PM PDT by Lazamataz (Until Obama, has there ever been, in history, a Traitorous Ruler?)
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To: reaganaut1

Kings of England had less power than that. Next thing you know, Chairman ObaMao can institute his own tax policy.


3 posted on 06/28/2011 2:58:32 PM PDT by RecoveringPaulisto
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To: reaganaut1

Hopefully Obama ignoring the debt ceiling is the final straw.


4 posted on 06/28/2011 2:59:10 PM PDT by NoLibZone (Be respectful, be courteous, have a plan to kill every flash mob member that threatens you & others.)
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To: NoLibZone

Final straw for whom?


5 posted on 06/28/2011 3:00:22 PM PDT by John W (Natural-born US citizen since 1955)
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To: reaganaut1

Could Congress Just Impeach Obama If He Ignores The Debt Ceiling? (Tribune7 trial ballon)


6 posted on 06/28/2011 3:02:05 PM PDT by Tribune7 (We're flat broke, but he thinks these solar shingles and really fast trains will magically save us.)
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To: reaganaut1
Time's Richard Stengel thinks he has the answer...


7 posted on 06/28/2011 3:03:12 PM PDT by mc5cents (Noli nothis permittere te terere)
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To: reaganaut1
Hmm. Executive branch spending not authorized by Congress. Gee, do you think that's legal?

The House would likely impeach and the Senate would likely acquit, or maybe as with Zero's other law-breaking, they'd just cut to the Senate acquital scene, doing nothing once again.

Does all that make it legal?

Oh, and then there's "We The People" with which to contend.

I don't think that'll go quite as easily as it did with the Senate!

HF

8 posted on 06/28/2011 3:03:19 PM PDT by holden
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To: reaganaut1

Do any of these so-called “constitutional scholars” ever actually read the Constitution?

Article 1, Section 8:

“The Congress shall have power to...pay the debts..of the United States;

To borrow money on the credit of the United States;”

According to the Constitution, it is Congress that has the ability to borrow money, not the Executive branch. So unless Congress authorizes the borrowing by raising the debt ceiling, any borrowing by the administration would be unconstitutional.

Not that it would keep them from trying...


9 posted on 06/28/2011 3:03:52 PM PDT by CA Conservative
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To: reaganaut1

He’s ignored to bloody many laws, what’s one more?


10 posted on 06/28/2011 3:04:25 PM PDT by RWB Patriot ("My ability is a value that must be purchased and I don't recognize anyone's need as a claim on me.")
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To: reaganaut1

Obama usually ignores laws and whatever he wants. The “Debt Ceiling” is no big deal for him while pursuing the Cloward–Piven strategy.


11 posted on 06/28/2011 3:06:00 PM PDT by Red Steel
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To: Tribune7

sounds good, but no way the dem senate votes to convict.


12 posted on 06/28/2011 3:07:19 PM PDT by rokkitapps ( Hearings on healthcare waivers NOW! (If you agree make this your tagline))
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To: reaganaut1
constitution Pictures, Images and Photos
13 posted on 06/28/2011 3:07:33 PM PDT by Snickering Hound
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To: reaganaut1

I’m confused. Presidents don’t spend money. Congress does.


14 posted on 06/28/2011 3:10:36 PM PDT by RobRoy (The US today: Revelation 18:4)
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To: holden

>>Oh, and then there’s “We The People” with which to contend.<<

Which may explain why he rides around in a “tank that looks like a car.”


15 posted on 06/28/2011 3:12:26 PM PDT by RobRoy (The US today: Revelation 18:4)
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To: RecoveringPaulisto
"Stroke of the pen. Law of the land. Kinda cool."
--Clinton presidential aide Paul Begala, July 1998
(concerning Executive Orders)

HF

16 posted on 06/28/2011 3:13:27 PM PDT by holden
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To: reaganaut1

Obama could and by extension Congress ignore the debt ceiling, since Obama actually doesn’t spend money, but certainly the bond market will not ignore such a move


17 posted on 06/28/2011 3:14:59 PM PDT by Popman (Obama. First Marxist to turn a five year Marxist plan into a 4 year administration.)
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To: rokkitapps

>>sounds good, but no way the dem senate votes to convict.<<

I’ve said since summer of 2009 that I do not believe Urkel will finish his term. I’ll add a caveat: There is one way he could, but it is along the lines of dictatorship, but a new hybrid for the new millennium. They seem to be pretty creative with that stuff.


18 posted on 06/28/2011 3:14:59 PM PDT by RobRoy (The US today: Revelation 18:4)
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To: mc5cents

That’s a really shocking and sad picture.


19 posted on 06/28/2011 3:14:59 PM PDT by ilovesarah2012
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To: reaganaut1

yes obama can ignore the debt ceiling of course that will assure he loses the election..........


20 posted on 06/28/2011 3:16:05 PM PDT by SECURE AMERICA (Where can I sign up for the New American Revolution and the Crusades 2012?)
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