Obama May Consider an End-Run Around the Constitution

July 7th, 2011 | by Sqotty |

When I heard about this, I was shocked that there are those in Congress who may be encouraging Obama to bypass Congress and order the Treasury to raise the Federal debt limit.

According to a report on FoxNews, Geithner asserts that the important part of the 14th Amendment is “shall not be questioned”.

Here is the pertinent clause of the 14th Amendment:

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.[emphasis mine]

Geithner is correct in that the debt “shall not be questioned” but misses the very important point that is must be “authorized by law”, and only Congress has the power to make law, which the President can either enact or veto.

The Constitutional power “To borrow Money on the credit of the United States”, Article 1, Section 8, clearly rests with Congress, NOT WITH THE PRESIDENT.

As Rep. Tim Scott (R-SC) stated in a town hall meeting, If Obama does take this course of action it will be an impeachable offense and if Congress should fail in doing its duty, should this happen, we will have a Constitutional crisis greater than any other point in history as this will mean Obama will have dictatorial power over America.

Let us hope that wisdom prevails and that Obama does not take this course of action. Unfortunately, we are talking about Obama here, so don’t hold your breath.

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