Lynn Swearingen (c) copyright 2010 ALL RIGHTS RESERVED

I’m sure glad I’m not an Attorney working for this Administration. True they are kept busy attempting to dig up validation for circumventing The Constitution, but oh my – they sure should have tried a different one for raising the Debt Limit.

Obscure clause may help US avert default

Some legal experts believe he could, citing the 14th Amendment to the Constitution, adopted in 1868.

With the country still wrestling with post-war divisions, section four of the amendment was written after politicians from the defeated south sought to block the north’s commitment to repay large debts arising from its victorious campaign.

“The validity of the public debt of the United States, authorized by law … shall not be questioned,” it reads.

I’m always curious what those funny little “…”s stand for, so I led myself down the path of actually reviewing what Section Four of the 14th Amendment actually says. Imagine my surprise when I discovered that of the 84 words contained, the Administration chose only 17 words to support their “obscure clause claim”. What could those other 67 words pertain to?

Section 4. The 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. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Insurrection or rebellion? Slavery? Foreign Debt? Now I really know what the “…” stands for in the quote from crazy Washington Lawyers who have nothing better to do – the letter S from Morse Code. As in Sh*t – what are they doing?

So I reviewed a few “obscure” Constitutional Issues and “Resolutions” to see what else might be useful for the Administration. (Thinking I could save them a few Million a year to go toward paying down the debt for the sake of the children). Here are a few examples:

Article II, Section1, Clause 5 sets the eligibility requirements for office of president, so that’s pretty easy. A presidential hopeful must:


Original says: be a natural born citizen of the United States;

Nah – that one has already been done in recent years.

What about the War Powers Resolution (WPR) – that should be fun:

The War Powers Resolution requires…committing armed forces to military action… without an authorization

Original says: The War Powers Resolution requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without an authorization of the use of military force or a declaration of war. The resolution was passed by two-thirds of Congress, overriding a presidential veto.

Durn it! The Administration beat me to that one too!

Maybe if I look elsewhere I can find something to save this poor, poor administration in its last-minute hour of need?

slavery…as a punishment…shall exist within the United States

Original Says: Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Wow! See what happens when a formally licensed Constitutional Law Professor (or not) gets a hold of a “Flawed Document” to correct?