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Member since: Sat Jan 5, 2008, 08:45 PM
Number of posts: 53,061

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Professor Tribe has moved to the right position on the 14th Amendment/Debt Ceiling

That position being the one that I have bored anyone who would listen for the last 10 years. On Lawrence O'Donnell he explained how he has changed his position.

After the Civil War the 14th Amendment was passed to enforce equal protection of law to all citizens, clarify issues of citizenship and other issues. One of the side issues brought into the Amendment passed in 1868 is an affirmation of public debt as a Constitutional principle.

Why did they include a statement on public debt?

After the Civil War the Confederate States no longer existed and the European banks that had extended credit to them had no recourse. Europe worried that the US government would also walk away from its debt so the principle of US debt was enshrined into the Constitution.

It means that if the US ever defaulted on its debt that the Creditors could go to Court to enforce payment of debt.

As the Executive power has grown the Congress started the "debt ceiling" as a way to get another "bite of the apple" to renegotiate appropriations already signed into law.

The 14th Amendment guarantees public debt and I hope that President Biden will take the steps to challenge it at the Supreme Court and return to "normal order of business" which existed prior to 1939 when Congress invented this unconstitutional tool to "enhance" its position in the government system.
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