Tuesday, July 12, 2011

Can Obama use the 14th Amendment to ignore the Debt Ceiling?

It's been reported recently that the 14th Amendment could be used by the Obama administration to ignore the debt ceiling. It seems leftists are interested in the U.S. Constitution again, all of sudden. This after they smeared the Republicans for their new rules requiring a description of Constitutional authority on new legislation. The only problem is that as usual they have an incorrect view of what the measure actually means. Not only is their argument messed up but significant case law in regards to the matter is no longer clear, once again thanks to judicial activism. To make matters worse the misunderstanding of the 14th amendment is not only by Democrats but Iowa Sen. Charles Grassley has stated that he would relent if the Constitution was found to abrogate the concept.

In 1966 The Supreme Court case Katzenbach v. Morgan said that the section 5 of the 14th Amendment gave Congress the power to decide on how to implement the powers. but then in 1997 The court said no. Thirty-one years after Katzenbach, the Supreme Court revisited the "ratchet" interpretation, in the case of City of Boerne v. Flores. The Boerne Court stated, "This is not a necessary interpretation, however, or even the best one." This is way so many people tend to have the opinion that the U.S. Constitution is living and breathing, because the Supreme Court can change it's opinion so easily over time.

Will the Obama administration try to use the 14th Amendment? Nothing has stopped him so far from acting like a King, why does anyone think the Constitution will?



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