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McConnell: I Don't Know Constitution Any Better Than Obama Does
Reason ^ | July 12, 2011 | Tim Cavanaugh

Posted on 07/14/2011 7:53:09 PM PDT by yup2394871293

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To: yup2394871293

21 posted on 07/14/2011 8:21:22 PM PDT by CommieCutter (Promote Liberal Extinction: Support gay marriage and abortion!)
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To: Wissa

Severability.

They won’t forget it this time.


22 posted on 07/14/2011 8:21:44 PM PDT by mrsmith
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To: mrsmith
Severability. They won’t forget it this time.

I have no idea how that relates to my point. Can you expand on what you mean?

23 posted on 07/14/2011 8:25:05 PM PDT by Wissa (Gone Galt)
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24 posted on 07/14/2011 8:30:44 PM PDT by RedMDer (Abolish FReepathons. Be a monthly donor.)
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To: Wissa

“Severability refers to whether a particular section of a law that has been ruled unlawful can be individually stricken or if the entire law must be scrapped. “

The bill will be written so the debt ceiling hike is clearly severable, or more likely it will explicitly state the parts of the bill are severable- that’s what congress usually does.


25 posted on 07/14/2011 8:31:46 PM PDT by mrsmith
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To: mrsmith
-- Regardless of what else is in it, the authorization to raise the debt ceiling will be severable from the rest. Perfectly legal. --

What is the precedent for Congress writing a law that gives a minority of congress the power to agree to a debt increase?

If I understand the proposal, it does not provide for or agree to a debt increase, as passed. A debt increase depends on 1) a request from the president, 2) that a majority of Congress can reject [so far, so good], followed by 3) the president vetoing the rejection, and 4) a majority of the Congress being unable to override the veto.

How does that NOT take the power to borrow, away from a majority of Congress?

26 posted on 07/14/2011 8:32:51 PM PDT by Cboldt
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To: yup2394871293
They all swear an oath to protect and defend the Constitution but it is just a quaint old ceremony to them.

Their word is worthless, they have no honor!

27 posted on 07/14/2011 8:34:32 PM PDT by SWAMPSNIPER (The Second Amendment, A Matter of Fact, Not a Matter of Opinion)
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To: Cboldt

That’s unconstitutional.

But the bill will include language like this:
“If any particular provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.”
Or, it will be written in a way that makes it clear to the courts that it’s parts are severable.

So the debt limit authorization will stand irregardless.


28 posted on 07/14/2011 8:37:31 PM PDT by mrsmith
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To: mrsmith
“Severability refers to whether a particular section of a law that has been ruled unlawful can be individually stricken or if the entire law must be scrapped. “ The bill will be written so the debt ceiling hike is clearly severable, or more likely it will explicitly state the parts of the bill are severable- that’s what congress usually does.

You're thinking that the creation of the supermajority requirement for Congress to have any say in the deficit reduction items will be declared unconstitutional?

29 posted on 07/14/2011 8:47:02 PM PDT by Wissa (Gone Galt)
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To: Dick Bachert

30 posted on 07/14/2011 8:51:19 PM PDT by quantim (Victory is not relative, it is absolute.)
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To: yup2394871293
The supermajority requirement here is nothing special--it's just the votes they need to override a veto. The plan seems to delegate some authority to the president here (probably constitutional according to the Supreme Court, under the lax standards that started with the New Deal).

If Congress doesn't like the president's call it can legislate to override that, subject to some fast track procedures, presumably, but the president would veto that, hence the requirement for 2/3 in both houses--to override the inevitable veto.

31 posted on 07/14/2011 8:54:51 PM PDT by kalt
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To: Wissa

Seems so to me.

This is a congressional authorization to raise the debt ceiling. Don’t be distracted by the rest of it, it doesn’t matter the courts will probably strike parts of it down but the debt authorizarion will still stand.

And that’s the whole point of the bill.
The rest is Kabuki.


32 posted on 07/14/2011 8:58:49 PM PDT by mrsmith
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To: yup2394871293

I don’t know much

http://www.youtube.com/watch?v=2KTFoMJi3uE&feature=player_detailpage


33 posted on 07/14/2011 8:59:00 PM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one)
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To: yup2394871293

Can somebody shuffle that doddering old RINO off stage?


34 posted on 07/14/2011 8:59:04 PM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: mrsmith
And that’s the whole point of the bill. The rest is Kabuki.

So we'll agree to the increase in the debt limit in exchange for the deficit reductions. We'll actually wind up with the debt increase with no deficit reductions (best case?), or the debt increase along with possibly increased taxes through eliminating deductions (I'm always hearing the Dems refer to that as spending cuts).

Either way, the voters throw the Republicans out in the next election for their stupidity.

Such a deal.

35 posted on 07/14/2011 9:06:50 PM PDT by Wissa (Gone Galt)
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To: yup2394871293

I think the Chinese know the Constitution better than McConnell does.


36 posted on 07/14/2011 9:11:54 PM PDT by madison10
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To: Wissa

“Either way, the voters throw the Republicans out in the next election for their stupidity.”

Ironically McConnell came up with this as a way to protect Republicans by making Obama propose cuts.

What a laugh: Republicans who support this will be primaried and weakened in the election. And Obama can take the debt hike and ignore the rest.


37 posted on 07/14/2011 9:17:39 PM PDT by mrsmith
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To: mrsmith
And Obama can take the debt hike and ignore the rest.

Having seen what the Supreme Court did with the Campaign Finance Reform bill decision, I wouldn't count on them to declare it unconstituional. I think Obama will have an unprecedented opportunity to write his own spending/taxing law, limited only by a 2/3 override requirement in both houses. I'm guessing he won't ignore the gift he'd have been given.

Republicans who support this will be primaried and weakened in the election.

I don't think it will be only those who support the bill voted out of office. I think a lot of people will give up on the whole party in disgust.

38 posted on 07/14/2011 9:29:44 PM PDT by Wissa (Gone Galt)
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To: yup2394871293

So they can hand over power to Obama and then, when we get a Conservative President, the RINOS can capitulate in “fairness” to the Dems like they did with the Trent Lott “shared” power and that same power will be withdrawn and given to whichever body has the most Democrats. They don’t seem to know how to use power even when people manage to work very hard to give it to them. What is to be done? People vote, courts overrule them, if they win in the courts, then there is a recall or some “stunt”, if that fails they steal elections. They NEVER quite, they never give up, they never say “oops” our guy was wrong, our solution failed. Meanwhile, the other side falls all over themselves to criticze their own party, like Gingrich did to Ryan or like McCain did to his own supporters. I guess it really is the Evil party vs. the Stupid party.


39 posted on 07/14/2011 9:43:42 PM PDT by Anima Mundi (share the pain = more meaningful contribution = fair share = from each according to ability = MARX)
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To: yup2394871293

Mitch McConnell is a traitor for even proposing such an outrageous scam. DON’T raise the debt ceiling, THERE IS MORE THEN ENOUGH TAX REVENUE to fund the essencal functions of the Federal Government.

If Obama doesn’t want to fund them that is his choice, and his problem!

Republican GO HOME!!!

There is nothing you can do except allow the Democrats to cheat, scare, and scam you into helping them sell out more of our freedoms and future. If you cave to them yet again you wont deserve reelection in 2012. You will have proven beyond a shadow of a doubt the utter uselessness electing you.

GO HOME! Call Obama out for being a lier, Tell him he has more then enough money in tax revenue to fund these functions, then GO HOME!


40 posted on 07/14/2011 9:53:24 PM PDT by Monorprise
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