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kentuck

(111,097 posts)
Wed Oct 2, 2013, 09:13 PM Oct 2013

What does it mean: "The President must execute the laws"??

If the law says that the debt of the United States "shall not be questioned" and someone questions that law, what is the responsibility of the President to execute that law?

Can the President pick and choose which laws to execute?

At the same time, it is the responsibility of the Congress to raise revenues to pay for our debts. If they refuse to pay those debts, are they breaking the law that says the debts of the US shall not be questioned?

It seems to me to be a legal matter?

11 replies = new reply since forum marked as read
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What does it mean: "The President must execute the laws"?? (Original Post) kentuck Oct 2013 OP
Basically Congress should be fired Rosa Luxemburg Oct 2013 #1
It is a legal matter. And Obama, in order to execute the law Avalux Oct 2013 #2
He's supposed to both uphold the Constitution and execute ALL laws. pnwmom Oct 2013 #3
Maybe you can school me, Corgigal Oct 2013 #5
You are right. NOT raising the debt ceiling is what would kill the economy. pnwmom Oct 2013 #8
That is a very good point. kentuck Oct 2013 #7
Fortunately, a super-majority is required for a conviction, pnwmom Oct 2013 #10
True. kentuck Oct 2013 #11
The law says there is a debt ceiling and it must not be passed without Congressonal approval. Agnosticsherbet Oct 2013 #4
Yeah, it's inevitable now. Benton D Struckcheon Oct 2013 #9
Constitutional Crisis.. when two laws contradict each other. Motown_Johnny Oct 2013 #6

Avalux

(35,015 posts)
2. It is a legal matter. And Obama, in order to execute the law
Wed Oct 2, 2013, 09:17 PM
Oct 2013

will tell Congress to go fuck themselves so he can get the bills paid.

pnwmom

(108,978 posts)
3. He's supposed to both uphold the Constitution and execute ALL laws.
Wed Oct 2, 2013, 09:22 PM
Oct 2013

The problem occurs when there is conflict between the Constitution and a law, or conflicting laws. Then I understand he's supposed to pick the "least worst" choice which, in this case, would mean ignoring the debt ceiling law.

If he cites the 14th amendment and ignores the debt ceiling law, I'm sure the House will move to impeach him. But the Senate won't convict him. I hope he stands firm and takes this path if he must. There are worse things than to be impeached. Clinton withstood it and so could Obama.

And that would be the end of the debt ceiling threats.

Corgigal

(9,291 posts)
5. Maybe you can school me,
Wed Oct 2, 2013, 09:24 PM
Oct 2013

my son and I were just discussing this last night. He mentioned that if Obama did this , it would really hurt our economy. However, I would think not raising the debt ceiling would destroy it further still. What is the down side with Obama using the 14th amendment, and why is this administration dead set against using it?

pnwmom

(108,978 posts)
8. You are right. NOT raising the debt ceiling is what would kill the economy.
Wed Oct 2, 2013, 09:29 PM
Oct 2013

My guess is that Obama is saying he won't use the 14th amendment because he's not trying to make this decision any easier on the Rethugs. If they push us over the cliff, they should not be confident that Obama's going to pull the cords on a parachute.

kentuck

(111,097 posts)
7. That is a very good point.
Wed Oct 2, 2013, 09:26 PM
Oct 2013

Furthermore, if he were to be impeached by the House, the Senate would not convict, unless the Repubs take back the Senate, then the question would be up in air.

Still...

It would be like a medal of valor and it would be a great positive for Barack Obama and his legacy if he were impeached by this bunch of misfits. In my opinion, it would be a profile in courage.

pnwmom

(108,978 posts)
10. Fortunately, a super-majority is required for a conviction,
Wed Oct 2, 2013, 09:30 PM
Oct 2013

and the Rethugs are unlikely to meet that threshold.

Agnosticsherbet

(11,619 posts)
4. The law says there is a debt ceiling and it must not be passed without Congressonal approval.
Wed Oct 2, 2013, 09:23 PM
Oct 2013

The Constitution says:

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.

Bill Clinton has suggested that he would have invoked the 14th amendment and let the Supreme Court rule if the debt ceiling is constitutional. If this goes to that point, and Republicans refuse to negotiate in good faith, I suspect that is what will happen.

Benton D Struckcheon

(2,347 posts)
9. Yeah, it's inevitable now.
Wed Oct 2, 2013, 09:30 PM
Oct 2013

This is coming to that point. The SC is going to wind up deciding the debt ceiling, if not now, then next time, when Boner's replaced by someone even more atrocious.

 

Motown_Johnny

(22,308 posts)
6. Constitutional Crisis.. when two laws contradict each other.
Wed Oct 2, 2013, 09:26 PM
Oct 2013

We don't really know the answer to your question. Presumably. the wording in the Constitution will take precedent over the debt ceiling law.

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