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U.S. Cannot Constitutionally Default on Its Debt, Says Constitutional Scholar
CNS News ^ | 07/14/2011 | Patrick Ryan

Posted on 07/14/2011 10:41:22 AM PDT by IndePundit

The United States cannot constitutionally default on its existing public debt even if the debt ceiling is not raised, constitutional scholar and attorney David Rivkin said during a Federalist Society news event. Instead, he said, the country should focus on the fiscal responsibility of new borrowing.

“The United States, to put it more clearly, is one of the few countries in the world that is technically incapable of defaulting on its public debts, so we cannot have a situation like in Greece or Portugal or Ireland, ” Rivkin, co-chairman of the Center for Law and Counterterrorism, said during a telephone conference call sponsored by the conservative legal group on July 7.

Section Four of the 14th Amendment to the Constitution of the United States says that “[t]he 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.”

(Excerpt) Read more at cnsnews.com ...


TOPICS: Business/Economy; Education; Society
KEYWORDS: constitution; davidrivkin; debt
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To: DrC
Actually, given the massive amounts of federal land out West, I wonder whether it would be hypothetically possible for China to sue in court and obtain title to great swaths of Utah, Wyoming, Idaho, Alaska etc. in exchange for the hundreds of billions we owe them.

Just give them California and be done with it.

21 posted on 07/14/2011 11:37:07 AM PDT by Thane_Banquo
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To: DrC
This is all very simple:

Step 1: Sell off all national land, parks, etc., to china.

Step 2: Use proceeds to pay off 14.3 trillion in debt.

Step 3: Nationalize all the stuff you sold off in Step 1.

There, I've earned my pay for another day.

22 posted on 07/14/2011 11:43:38 AM PDT by drangundsturm
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To: IndePundit

I am not trained at metaphysical refinements nor tests of logical skill but it seems to me the section of the questionable 14th Amendment cited is what we called an introductory clause.Linked to what follows by the connective term But-of the dependent clause. The Dependent clause makes clear the intent of the section-and that part cited but justification for what follows.Judge Hand Jan.14,1983 raised valid arguments suggesting the 14th Amendment had been misinterpreted by the Supreme Court and I suggest that is true of the Carpetbaggers today.I have seen credible evidence suggesting the 14th Amendment was NOT Constitutionally ratified IF true then no argument using it as basis has any validity.


23 posted on 07/14/2011 11:49:31 AM PDT by StonyBurk (ring)
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To: IndePundit
"We cannot have a situation like in Greece or Portugal or Ireland".

When enough people who really want to work can't find jobs, lose their homes and everything else, and start going after those responsible we will have a situation unheard of in Greece, Portugal or Ireland!

The worse things get the more people wake up!

24 posted on 07/14/2011 11:49:54 AM PDT by SWAMPSNIPER (The Second Amendment, A Matter of Fact, Not a Matter of Opinion)
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To: IndePundit

It only says the debt can’t be questioned.

Doesn’t say anything about actually paying it.


25 posted on 07/14/2011 12:21:03 PM PDT by fruser1
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To: IndePundit

What a line of misdirection. The USConst does not allow a great deal of what USG has been doing since the revolution of the 1930’s (New Deal). USConst provides for a limited national government resulting in a limited size.

The solution to bad laws originating from the revolution is to throw them out and demand USG obeys the charter which establisted and allows it to exist at all (USCont). The solution is to pile more kakamanee laws upon the corrupted lies of the past.

“There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”
— Alexander Hamilton, The Federalist Papers No. 78.

The United States Constitution @ 1791. All Rights Reserved.
— unknown


26 posted on 07/14/2011 12:21:12 PM PDT by veracious
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To: veracious

BTW, for those that don’t get it, the lawful way to change USG charter (what it can do), is to _amend_ it. Otherwise, it _is_ still the law and laws _passed_ which contradict it are NULL and VOID.

Duh?


27 posted on 07/14/2011 12:24:36 PM PDT by veracious
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To: IndePundit
Section Four of the 14th Amendment to the Constitution of the United States says that “[t]he 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.”

I thought that was the part of the Constitution that allows the Liberal Messiah to control the federal purse strings without any need for the Congress. [/sarc]

28 posted on 07/14/2011 2:35:29 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: drangundsturm

“There, I’ve earned my pay for another day.”

Excellent. To earn your keep for today, please succinctly explain how to eradicate the monster called Obamacare....


29 posted on 07/15/2011 3:43:49 AM PDT by DrC
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To: DrC
Excellent. To earn your keep for today, please succinctly explain how to eradicate the monster called Obamacare....

Hey man, it's ok to expect miracles from me, but not EVERY DAY.

30 posted on 08/02/2011 12:34:31 PM PDT by drangundsturm
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