Skip to comments.Could Obama Just Ignore the Debt Ceiling? (NYT trial balloon)
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 Atlantics website. In an interview, Epps told me that there was a strong argument that the debt ceiling is unconstitutional because it exceeds the legislative branchs power of the purse. The argument goes like this: Because Congress already appropriated the funds in question, it is the executive branchs 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 ...
They are just ignoring every law.
And they have the NYT cheerleading.
America, she is done.
Kings of England had less power than that. Next thing you know, Chairman ObaMao can institute his own tax policy.
Hopefully Obama ignoring the debt ceiling is the final straw.
Final straw for whom?
Could Congress Just Impeach Obama If He Ignores The Debt Ceiling? (Tribune7 trial ballon)
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!
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...
He’s ignored to bloody many laws, what’s one more?
Obama usually ignores laws and whatever he wants. The “Debt Ceiling” is no big deal for him while pursuing the ClowardPiven strategy.
sounds good, but no way the dem senate votes to convict.
I’m confused. Presidents don’t spend money. Congress does.
>>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.”
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
>>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.
That’s a really shocking and sad picture.
yes obama can ignore the debt ceiling of course that will assure he loses the election..........
How about we all quit paying taxes? If enough of us do it at one time, there’s nothing they can do about it.
Hope you are right. The USA can’t survive much more of Barry’s shenanigans.
He’s a socialist fascist.
They seize power by fiat; it’s their nature.
The RNC response should be to announce that if Obama illegally issues bonds, the law will be that such bonds will not be paid.
Power for the same or not, it would create such a cloud that no one would buy them.
None of this was Obambi's responsibility . It was the staffer that filled out the questionaire for his first term incorrectly .
That they’re even contemplating this is shocking.
He will certainly seal his re-election fate if he does.
Obama can not ignore the debt ceiling.
He can not spend money he doesn’t have to spend. That would be fraud.
He can’t borrow beyond the debt limit, because he will be violating the debt limit law.
He can’t change taxes without congress.
The Debt Limit law makes most appropriations subject to having sufficient funds on hand. If Obama doesn’t have sufficient funds on hand, his only two options are to borrow money and he can’t do that except to the extent authorized by Congress or to wait for new tax revenues to flow in.
That has worried me a lot and I am very surprised more haven’t talked about it. There has been much discussion in the past on whether or not a “debt ceiling” is even Constitutional.
All that means is that if there is an argument that it is unconstitutional, I think there is a real chance that the Obama Admin will ignore it if no deal is reached.
Tea party House of Reps. Maybe another impeachment, thats who
Funny you mention him. In a Charlie Rose interview, he pushed the idea that the 14th amendment ‘all debts should be deem valid’ clause meant the debt ceiling could be unconstitutional.
These liberals will find a way to avoid the one thing they really oppose: Doing whatever it is that conservatives want.
No Controlling Legal Authority
Who’s going to accuse him of a crime? Who’s going to threaten him with being cited? Arrested?
What, are you kidding me?
How much you wanna bet this “trial balloon” was given birth in the Oval Office and faxed over to the Times?
You’re assuming the GOP/RNC has something between their legs. The last chairman of the RNC is Boo-Hoo Boner’s spokesperson and sucks up to Chris Mathews everyday.
This is old news. Denninger has brought it up before. It seems that there is no “or else” in the law. So Obama can break it without penalty. Congress critters always forget the penalty part when government officials could be punished for breaking a law.
The discipline for this will come from the bond market, not from Obama’s respect for the law.
Would you invest in a bond of questionable authorization? I wouldn’t. It would make interest rates skyrocket.
We’ve been operating without a budget for 2 years. If they can ignore the mandate to actually make a budget they can easily ignore the debt ceiling law. And given how little complaining the GOP has done about the lack of budget they really have no leverage to enforce the ceiling.
What debt ceiling?
What War Powers Act?
Want some whiskey in you water? Sugar in your tea? What's all these crazy questions you're asking me?
Hell if the government can create money out of thin air, then they can cover our bad checks.
whu not. he ignores congress, the constitution, judges and all of the reponsibity and decision making his job entails.
He wants to destroy our way of life. I don't know how many times I can type this, but the answer never seems to get through to people.
Thats exactly what would need to be done.If Obama does not follow the law, why should the people?
Let them do it. Then the S&P can downgrade our credit rating and finally light the match and toss it onto this gas covered smoldering mass that used to be the United States of America. Countries are already looking to dump us as the worlds reserve currency. America is like the punch-drunk boxer out on his feet and has no sense to fall over. We can only blame ourselves for standing by and letting the govt do this to us. So feel free to hate on me for stating the truth that no one wants to talk about.
and i blame the GOP- because they do nothing but sit around like little girls and take it (except for a few exceptions- Issa being one of those cases)...
This is why we have to make sure we get the majority and especially the super majority back in the Senate. Plus ad more seats to the House
He could try and ignor it, but the House can defund it and order him held in contempt until impeachment. He wont be able to as much as fart without someone-the military, crawling up his ass.
If they fail to do it, then under the tenth amendment, the states can do it and if not the states, THEN THE PEOPLE can enforce their will.
And I am ready, Are you?
...and just spend the money it owes anyway. Would that be legal?Releasing the (supposed) Strategic Reserve a few days ago will also have an impact on A) national security and B) the deficit.
Same old stunt. Every time lefties run into opposition they start spreading runors that they’re just going to ignore what the people want. Clinton was just going to stay for another term, Democrats were just going to ignore the 2010 election, Gray Davis was just going to refuse to leave, Obama was just going to ignore Congress. And every time they cave.
It would be an impeachable offense, but is there any GOP rep. or Senator who would have the guts to vote to impeach?
Sure he can do this if he wants a revolution to start imediately.Many of us are at the end of our ropes with the mismanagement his lendership has wrought.
” And every time they cave. “
With the exception, of course, of TARP, Porkulus, and Obamacare - possibly the three worst pieces of legislation of the past 75 years, and all passed over the objection of substantial majorities of the population...