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How Would the Supreme Court Rule on Obama Raising the Debt Ceiling Himself?
The New Republic ^ | July 29, 2011 | Jeff Rosen

Posted on 07/30/2011 1:45:56 PM PDT by SteveH

“I’ve talked to my lawyers,” President Obama said in explaining his dismissal of the argument that Section Four of the Fourteenth Amendment authorizes him to raise the debt ceiling if Congress fails to act. “They are not persuaded that that is a winning argument.” But who are President Obama’s cowering lawyers, and why would the former constitutional law professor defer to their overly cautious prediction that the Supreme Court would rule against Obama if asked to adjudicate a dispute between the president and Congress? In fact, it’s far more likely that the Court would refuse to hear the case. And even if the justices did agree to hear it, the conservative justices would be torn between their dislike of Obama and their commitment to expanding executive power at all costs. If all the justices are true to their constitutional philosophies, the Court would rule for Obama by a lopsided margin.

As Matthew Zeitlin has argued in TNR, if Obama invoked the Fourteenth Amendment to raise the debt ceiling unilaterally, the most likely outcome is that the Supreme Court would refuse to hear the case. [...]

When it comes to individual taxpayers, they’re likely barred from establishing standing to sue by the definitive precedent on the debt clause of the Fourteenth Amendment, the 1935 Perry case.

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


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: 14thamendment; debtceiling; debtdeal
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See also

http://www.tnr.com/article/politics/90659/debt-ceiling-obama-congress

The Debt Ceiling: Why Obama Should Just Ignore It

Matthew Zeitlin

June 24, 2011

12:00 am

[I wonder if these people actually procreate and have children...]

1 posted on 07/30/2011 1:45:59 PM PDT by SteveH
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To: SteveH

Hell! It would take 2 years to get to them, then whoever filed the suit would be ruled to not have standing. Those guys are a POS too.


2 posted on 07/30/2011 1:47:54 PM PDT by Roklok
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To: SteveH

It would be a sure road to impeachment.


3 posted on 07/30/2011 1:49:07 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: SteveH

My biggest question is how do you get anyone to buy the debt? All it would take is for one Congressman to file a suit against the Treasury and 0bama and no buyer would ever dare put their money at risk.


4 posted on 07/30/2011 1:50:08 PM PDT by Truth is a Weapon (Truth, it hurts so good.)
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To: SteveH

Whichever way they would rule, it would be 5-4.

The entire Pustule on the Potomac needs to lanced, drained, and cauterized.


5 posted on 07/30/2011 1:52:42 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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To: Don Corleone

Go Ahead Make My day. He would then own the whole Mess! No One to Blame but Himself when the Downgrade comes,so go ahead Bumbo do it.


6 posted on 07/30/2011 1:54:09 PM PDT by ballplayer
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To: SteveH

What does the 14 Amendment have to do with Obama?


7 posted on 07/30/2011 1:55:33 PM PDT by WHBates
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To: SteveH

Another question: if he did, how would it affect him politically.

“Government spending is out of control and have overspent the budget and he just wrote them a blank check.”


8 posted on 07/30/2011 1:57:09 PM PDT by dhs12345
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To: SteveH

Easy question, easy answer.

The Supreme Court would rule 5-4 against obama. The same 4 who tried to rule that the 2nd Amendment did not, in fact, even exist would rule that sec. 4 of Amendment 14 has totally different meaning from what is plainly written.


9 posted on 07/30/2011 1:57:22 PM PDT by San Jacinto
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To: SteveH

Gee, didn’t the bit O teach constitutional law in Chicago?? He can’t figure this out for himself??? I believe if he tries this, he oversteps his bounds. And I’m just a little ol’ housewife and I can figure that one out!!


10 posted on 07/30/2011 1:57:55 PM PDT by hstacey (Army Mom...)
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To: SteveH

Miss Rosen seems to be another disillusioned Obama drone.


11 posted on 07/30/2011 1:58:33 PM PDT by clintonh8r (Happy to be represented by Lt. Col. Allen West (this tagline under review))
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To: Roklok

The SCOTUS, FBI, CIA, NSA, etc. are in on the TREASON, they haven’t done a thing to stop it, what mekes you think they will now? Wake up peons.


12 posted on 07/30/2011 2:00:04 PM PDT by Waco (Nominate Palin or forget 2012 you lost)
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To: Psalm 144
Pustule on the Potomac

ROTFLMAO

13 posted on 07/30/2011 2:00:56 PM PDT by Aevery_Freeman (White Hetero Able Male (WHAM) a.k.a. NOT Holder's people)
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To: San Jacinto

And His Majesty’s comment would be: How many divisions does the supreme court have?


14 posted on 07/30/2011 2:01:45 PM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: SteveH

Illegal. There is no way that language could be stretched to do what he wants. And he doesn’t need to do it anyway. There is more than enough money to pay the debt.


15 posted on 07/30/2011 2:04:56 PM PDT by Brilliant
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To: WHBates

“What does the 14 Amendment have to do with Obama?”

14th amendment makes him more equal than the rest of us.

I am appalled at all the idiots in Congress who actually believe that its ok for the president to become dictator.

Not only ok, but constitutional !


16 posted on 07/30/2011 2:07:18 PM PDT by A'elian' nation (Political correctness does not legislate tolerance; it only organizes hatred. Jacques Barzun)
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To: SteveH

The “debt” crisis is just a warm-up for the constitutional crisis our traitor-in-chief is stewing up.

What constitution? According to Obama, it’s an outdated, flawed document written by a bunch of bigoted, rich, old white men for times past, and places no real restrictions on today’s modern progressive government.


17 posted on 07/30/2011 2:07:23 PM PDT by Jim Robinson (Rebellion is brewing!! Impeach the corrupt Marxist bastard!!)
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To: Mouton
How many divisions does the supreme court have?

How many can be made up of the nation's 80,000,000 guns owners, armed with around 300,000,000 guns?

George Mason: "Who are the militia? They consist of the whole people, except a few public officers."

Noah Webster: "The supreme power in America cannot enforce unjust laws by the sword, because the whole body of the people are armed, and constitute a force superior to any band of regular troops."

18 posted on 07/30/2011 2:09:08 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: Roklok
Hell! It would take 2 years to get to them, then whoever filed the suit would be ruled to not have standing.

Yep. No spine there either. We are being CONTROLLED by three branches of elitist snobs which think they all are better than "We The People". They believe that we are their subjects to be dictated too.

19 posted on 07/30/2011 2:11:00 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: hstacey

Gee, didn’t the bit O teach constitutional law in Chicago??

***************************************

“Con Law”, as it is so appropriately named in the syllabus of all U.S. law schools, is a review of the historical means and techniques to circumvent, dismember, or remove the context of Constitutional excerpts. It is not a presentation of the Constitution as an organic whole or its plain meaning on its face. When the true exposition of the Constitution was given up entirely I do not know, but the corruption of it began in 1803.

The Declaration of Independence is not mentioned at all, except with dismissal or in whispers.


20 posted on 07/30/2011 2:11:27 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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