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Barack Obama Is Powerless Before the Majesty of the Law

Sunday, August 14, 2011

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Does the 14th Amendment of the Constitution trump the debt ceiling and allow the executive branch to continue borrowing past August 2nd? Oh man, if it did that would be great—Obama could just tell the Republicans to forget it, he's not going to be blackmailed into slashing Society Security and Medicare!
Sadly, Obama's lawyers have told him it doesn't, and therefore, as Obama explained at a public appearance today, that settles that:
OBAMA: Now, the gentleman asked about the 14th Amendment. There is -- there's a provision in our Constitution that speaks to making sure that the United States meets its obligations. And there have been some suggestions that a President could use that language to basically ignore this debt ceiling rule, which is a statutory rule. It’s not a constitutional rule. I have talked to my lawyers. They do not -- they are not persuaded that that is a winning argument. So the challenge for me is to make sure that we do not default, but to do so in a way that is as balanced as possible and gets us at least a down payment on solving this problem... But I’m sympathetic to your view that this would be easier if I could do this entirely on my own. (Laughter.) It would mean all these conversations I’ve had over the last three weeks I could have been spending time with Malia and Sasha instead. But that’s not how our democracy works.
Huh:
President Obama rejected the views of top lawyers at the Pentagon and the Justice Department when he decided that he had the legal authority to continue American military participation in the air war in Libya without Congressional authorization, according to officials familiar with internal administration deliberations. Jeh C. Johnson, the Pentagon general counsel, and Caroline D. Krass, the acting head of the Justice Department’s Office of Legal Counsel, had told the White House that they believed that the United States military’s activities in the NATO-led air war amounted to “hostilities.” Under the War Powers Resolution, that would have required Mr. Obama to terminate or scale back the mission after May 20...
Presidents have the legal authority to override the legal conclusions of the Office of Legal Counsel and to act in a manner that is contrary to its advice, but it is extraordinarily rare for that to happen. Under normal circumstances, the office’s interpretation of the law is legally binding on the executive branch.
Of course, as people with a sophisticated understanding of the law know, there's a huge difference between ignoring the debt ceiling and bombing Libya. For instance: Obama wants to bomb Libya.
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