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:
be…born
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?
Jul 20, 2011 @ 01:53:21
Ohio was not a state when 16th amendment was ratified,which makes it null
and void but it (gov) disreguards statement “no laws shall be made retroactive”
how can this abuse be overlooked so easily?
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Jul 13, 2011 @ 20:35:45
Really – To think we at PPJ said that all alone. Betcha’ we didn’t charge as much or do this through a Grant either.
“Clause four of the amendment, which was passed after the end of the Civil War, reads: “The validity of the public debt of the United States, authorized by law, including debts incurred for payments of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.”
CRS’s experts said that language doesn’t convey any new powers on the president to circumvent Congress when it comes to borrowing or spending.”
http://www.washingtontimes.com/blog/inside-politics/2011/jul/13/crs-obama-14th-amendment-circumvent-debt-limit/
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Jul 12, 2011 @ 18:48:52
Chuck Johnson makes some valuable factual and well reasoned arguments here.
And it is also true that the subversion of the Constitution begun in the very first administration when the Tory mole Alexanter Hamilton with intent and foreknowledge ignored the fact of specific enumeration of powers of authority, spuriously claiming “implied powers,” even though he dissembled in the Federalist Papers in order to get a central government brought to force. Once writing to a friend that it didn’t matter what the new constitution said–what would matter is practical political application.
Others understood this as well. Even Franklin said that the Constitution would only protect for a short while. Madison was forever going on about the too large powers given the executive…it was a flawed instrument from the moment the ink was dry.
The Federalists committed a coup de gras by establishing a national government and claiming it was federal.
\\ii//
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Jul 12, 2011 @ 15:48:53
What a joke. Liberals claiming that the Constitution applies to them are correct, so now stop trying to walk all over it. (like Bush and Obama have done)
the 14 amendment section four refers to debt as in paying off the debt. It doesn’t say one word about adding more to the debt. It simply states that the debt must be paid. We have plenty enough revenue to pay the debt. Heck Congress has the authority to coin money so technically they could simply print up money to pay the debt. Of course that is still a default through inflation but that is what they are doing already anyway.
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Jul 12, 2011 @ 15:36:58
Good work Chuck except you left out the section (written f/slaves)
that allows illegals to drop babies by the thousands to get into US
Dallas gen delivers about 500 illegals every 10 days,look how well
that has worked out for Calif.
This is one reason I live in Europe,I have to show papers here
even to rent a room.(passport) US sends its men around the world
to defend other countries borders but ham-strings the border patrol
in US,who gains? LARGE MUILT/NAT CORP!
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Jul 12, 2011 @ 15:26:20
Unfortunately the constitution is only used when convenient for the government and totally ignored when inconvenient and that applies as early as the First Bank of The United States.
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Jul 12, 2011 @ 15:09:58
Lynn,
Respectfully.
1. Not being a Constitutional expert it seems the 1935 U.S. Supreme Court ruling would make Clause 4 of the 14th Amendment valid. In as other clauses have been added throughout our nation’s history and have been accepted by Congress and the States, it would seem to my untrained eye that these additions would be valid. Think the “past practice” clauses in union contracts.
2. The phrase in the Clause “including debts incurred” would not exclude the use of the clause to override Congressional reticence to pay U.S. financial obligations. Sort of like if you or I incurred a legal debt but said we would no longer pay. The contract would still be valid.
3. As I understand the phrase “insurrection or rebellion”, et. al., does not preclude any other debt obligation the U.S. might incur. It only explains that such debt is still a responsibility of the country.
I write this, again, as a non-Constutional expert, but as a differing point of view in the hope of a similar respectful reply on such views.
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Jul 12, 2011 @ 14:40:37
Well hey, even the Republicans finally discovered the Constitution once Obama was president–it’s about time Obama discovered it too.
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Jul 12, 2011 @ 13:40:35
My thanks to “ANTI-CON” for providing such a prompt and perfect example of the mindless bloggism that I wrote of earlier. It was very thoughtful of you to demonstrate your “…negative rants based on sentimentality of less than useful relevance.”
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Jul 12, 2011 @ 13:20:53
Anti-Con –
Thank you for the wisdom provided. Your eloquence is very much appreciated as is your brilliant refutation of the facts. Now please go join in the “pea eating” party.
I believe Kool Aid is provided in the flavor of your choice.
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Jul 12, 2011 @ 13:09:27
My thanks to Chuck Johnson for his research and comments. It’s an immense pleasure to read something of value, rather than negative rants based on sentimentality of less than useful relevance. Present obfuscations and dodgy actions are what makes me refer to all such malgovernance and malfeasance in the USSA and Kanada [not typos] as “feral gubbmints”. For certainly their conduct has demonstrated that they are governance gone wild, morphed instead into mere “gubbmint”, a fulsome creature that comes in the night of our despairing souls!
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Jul 12, 2011 @ 13:04:49
How the Crazy Far Right and the Further Crazy Far, Far Righter Tea Party start to whine and cry whenever the Left brings up, let alone may want to use any portion of our Constitution in order to get something done for the Country in Washington.
Every Far Right hypocrite want to be politician or the ones that already are embedded in a career of professional politics goes around the Country beating the living daylights out of the Constitutional drum as if it’s ONLY MEANT to be used by them and them alone to insure that they GET WHAT THEY WANT,..what utter BS comes floating to the top of the political pool when those living way out on the Far Right edge of reality opens their sewage spewing pie holes !
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Jul 12, 2011 @ 10:26:50
Article 1. Section 9.3} No bill of attainder or ex post facto law shall
be passed.
The 14th Amendment fails these basic tests of Constitutionality. That amendment is a bill of attainder
and it was passed ex post facto. Article 1. Section 9.3 is probably the reason that the Antebellum South so confidently seceded. Seceded or not, the North was and still is bound by that limitation of power. The history of the 14th amendment has been well documented, and it truly is a testimony to the power of murder by the Government.
Article 3. Section 3.2} The Congress shall have power to declare the
punishment of treason, but no attainder of treason shall work
corruption of blood, or forfeiture except during the life of the person
attained.
Article 1.Section 9.3} declared
that Congress may not pass Bills of Attainder or ex post facto laws. Now
we see an exception or a mistake. The Constitution contradicts itself here.
Attainders of treason are permitted with some very serious restrictions
on them to protect the descendants of the traitors. That is us. The most dangerous problem is the 14th Amendment.
The value of the slaves and Southern war bonds concern us here. That value is the forfeiture that is Constitutionally bound to be returned to the Southern people , as we shall not suffer Corruption of Blood or lose our property EXCEPT
during the lifetimes of the Confederate Politicians and Soldiers. They
are now all dead. Also, the theory known as the Incorporation Doctrine
is defunct. The application od the 14th Amendment to the States and the people is illegal. The traitors are dead!
The application of the Incorporation Doctrine is Corruption
of Blood and is Unconstitutional. We, the Southerners living now, are
not and have never been Traitors to the United States. We are thereby
under the jurisdiction of the original Constitution . Corruption
of Blood is being allowed to function as the Supreme Law of the Land
rather than the Constitution of the United States. This cannot continue.
http://en.wikipedia.org/wiki/Ex_post_facto
http://en.wikipedia.org/wiki/Bills_of_attainder
http://en.wikipedia.org/wiki/Corruption_of_blood#Corruption_of_Blood
http://www.pacinlaw.org/pdf/14th_R2.pdf
http://www.civil-liberties.com/cases/14con.ht
Further, in black and white, Amendments are NOT Unconditional. They are a delegated power to the Federal Government, and are vested as a privilege. Notice the Articles of Confederation had no such delegation. It has been abused time and again by the Federal Government .
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Jul 12, 2011 @ 02:21:15
Obama is so handsome, love
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