Congress and the Constitution

Janet Yellen has been named Chair of the Federal Reserve. But as for the Great Stupid Impasse in Washington, I can’t say that anything significant has happened over the past 24 hours or so.

I’m glad somebody finally said this — the 14th Amendment applies to Congress. Many have said that the 14th gives the President a means to raise the debt ceiling without Congress, and maybe it does. But more significantly, the public debt clause in the 14th binds Congress to not allow the nation to default. You’d think the baggers who get misty-eyed in reverence for the great founding document, would notice this. More proof they can’t read?

See also the Booman

7 thoughts on “Congress and the Constitution

  1. There is a relationship between some laws and some amendments that I haven’t seen properly examined. For example, the Voting Rights Act was passed in 1964. The 15th Amendment was passed in 1870. The law did in practice (94 years later) what the Constitutional Amendment provided, but the amendment had no teeth, no penalties, no provision for enforcement. Sure, the 14th Amendment is there- and it’s meaning is clear but with no penalty, it’s an ornament. If Congress passed a law based on fulfilling the 14th Amendment which required specific budgetary procedures and the cudgel that if the House and Senate fail to reach an agreement, the POTUS can arbitrarily settle any differences – and such decisions are BINDING, then there is an incentive for the minority to strike the best deal they can and take it. Otherwise, the POTUS can ignore any previous negotiations and make a pontifical ruling.

    Voters are fond of dividend government, partly because we fear the government. But this electoral quirk is being exploited by kooks who are willing to paralyze government, which is a tactic the voters don’t approve of. We need to unload that weapon. Soon. If the GOP inflicts enough harm (and they may) and the voters punish the GOP, giving the House and Senate to democrats, there needs to be a ‘fix’ which puts teeth in the 14th.

    I have seen some great Campaign Finance Reform legislation. But if you want to strike down Citizens United, the reform needs a Constitutional Amendment which sets the law above the interpretation of a conservative USSC. IMO, the Constitutional Amendment should give ‘standing’ to any citizen or group who wants to test the constitutionality of any legislative attempt to weaken campaign finance laws which the same Constitutional Amendment authorized as valid.

  2. I’m pretty sure the only amendment that really counts on the right is the 2nd, but the 10th may be on the list also, for the states’ rights aspects. I think the right only takes those Civil War era amendments as advisory.

  3. Actually, I think the Republicans are trying to destroy any recovery happening during Obama’s Presidency, on the hope that voters will see any resulting disaster as Obama’s.

  4. The 14th Amendment was written after the First Civil War, and gave freed slaves the right to vote. Probably not high on the baggers list of great, founding documents.

  5. The Koch Brothers, and some other uber-wealthy people, as well as Wall Street firms, are basically telling the lunatic House Republicans to knock it off regarding the debt ceiling.

    They know the ramifications of messing with the full faith and credit of the USA are real, even if the “Morans!” in the House don’t, and are singing, “Tra-la-la” while holding their ears, and closing their eyes, and dreaming of unicorns and ponies after the debt ceiling it breached.

    http://nbcpolitics.nbcnews.com/_news/2013/10/09/20886586-kochs-to-congress-focus-on-spending-not-obamacare

    Now, will they listen?
    Will the less insane ones, be able to get the Tea Party loons to walk back from the ledge?
    My guess is yes.

    They will now switch from the debt ceiling, back to “Entitlements.”
    There’s no sure money for the money-boys and gals, in the debt ceiling. There is, if they can privatize SS and Medicare – lots of it.

    My guess is, Boehner will continue to play chicken for a while, and then veer off at the last second.
    Let’s hope that the Republican party, in veering off, hits a tree, or goes off a cliff.

    I hope the DNC is smart enough to start running ads in ALL of the potentially vulnerable Congressional Districts, and states, right away – and keeps the pressure on, until Election night, in 2014.
    Remember, most Americans have the memory of May-flies. So, they need to be continually reminded of who’s behind the Sequester, the shut-down, and debt ceiling shenanigans, right up until the polls close in November, 2014.

  6. “Remember, most Americans have the memory of May-flies.” “Generic” Republicans fare poorly in many, many districts, but many get reelected on account of incumbent advantage– and the fund-raising advantage that comes from being the fossil fuel (and fossil brain) party. I have long felt we need to stick them with their votes as legislators; make them OWN what laws they passed. “Jay Nitwit”, YOUR 17th district Congressman voted to cut extended unemployment benefits, cut education, allow frackers to poison YOUR well water. Any one of these meat-and-potatoes issues could make a difference to a LOT of voters, even to “less crazy” Republicans.

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