US Debt Limit, Constitutional Law: I have mentioned for several days our dinner time discussion last week … this is the actual issue that Bob raised … very interesting.
Indiana University Law School professor Gerard Magliocca chatted about what exactly the 14th Amendment says, if President Obama could use it declare the debt ceiling unconstitutional, and if so, then how he could go about doing so.
Q: 14TH AMENDMENT
Isn’t that the due process clause? (I’m a consumer lawyer and the 14th amendment doesn’t come up much). How does it relate to debt ceiling?
– July 07, 2011 11:23 AM Permalink
A. GERARD MAGLIOCCA : No, this is Section Four of the Fourteenth Amendment, which says that “[t]he validity of the public debt of the United States, authorized by law . . .shall not be questioned.”
STANDING Assuming that Obama goes through with declaring the debt limit unconstitutional and exceeds the ceiling, who would have standing to sue him in court? Regular taxpayers? Members of Congress?
– July 07, 2011 11:59 AM Permalink
A. GERARD MAGLIOCCA : Probably nobody. It is very unlikely that this ever would reach a court. If a default does occur, though, then the bondholders might be able to sue for damages.
– July 07, 2011 12:03 PM
Q. SPENDING APPROPRIATIONS WITHOUT ISSUING DEBT
Congress has (1) authorized expenditures through the fiscal year and (2) imposed a ceiling on debt that is insufficient to finance all of the authorized expenditures. Under these constraints, is there any statutory or Constitutional provisions that would prevent the President from ordering the Treasury to pay for expenditures consistent with Congressional authorizations without issuing new debt – in effect to print money to pay the Government’s bills?
– July 07, 2011 10:29 AM Permalink
A. GERARD MAGLIOCCA : I think that the Treasury would first have to sell its liquid assets (for example, the gold in Fort Knox or our holdings of foreign currency). The issuance of new debt could only occur if those reserves run out.
– July 07, 2011 12:05 PM
Q. WHO/WHAT COULD CHALLENGE?
Is it true or false that Congress could not challenge Presidential Commander in Chief Constitutional actions under Section 4 of the 14th Amendment unless both House and Senate agreed to go to Court and that no one else has standing to do so? That is, unless the Senate and House jointly challenged the President in Court (not one legislative body acting alone), Congress’ only remedy is ganshing teeth or seek to impeach.
– July 07, 2011 11:50 AM Permalink
A. GERARD MAGLIOCCA :Impeachment is probably the only remedy if Congress thought that the President had acted unlawfully. Though you can bet that people will also make a big deal about that in next year’s campaign.
US debt limit, politics:
It’s safe to say at this point that the White House is starting to get the credit it wants for working hard to find a compromise even as Republicans work hard to resist one. But that’s not a triumph of messaging. It is, if anything, an understatement based on the White House’s willingness to give congressional Republicans a much more lopsided deal than Reagan, Bush or Clinton presided over. Republicans might be fools for passing on it, but if and when they finally say “yes,” a lot of Democrats are going to be wondering whether the Democrats were suckers for offering it.
Elizabeth Smart, news media: For all this young woman has gone through, I hope ABC is not taking advantage of her.
Elizabeth Smart is taking a job with ABC News as a commentator focusing on missing persons and child abduction cases.
The Utah woman who was kidnapped from her bedroom at knifepoint, raped and held captive at age 14 by a Salt Lake City street preacher can provide viewers with a unique perspective, network spokeswoman Julie Townsend told The Associated Press on Thursday.
A deal with the now 23-year-old has been the works for several months and she could be on the air within the next few weeks, Townsend said.
“We think she’ll help our viewers better understand missing persons stories,” Townsend said in a telephone call from New York City. “This is someone with the perspective to know what a family experiences when a loved one goes missing.”
check engine, anxiety: I have had my light on for 2 1/2 years …
Few automobile problems are more vexing than the “check engine” light. When the light comes on, it may mean you simply didn’t tighten your gas cap enough after filling up — or it could mean there’s major trouble brewing in your catalytic converter.
CarMD.com, a seller of do-it-yourself tools to help you diagnose problems with your car, has compiled a list of the most common reasons the “check engine” light comes on, based on its database of engine repair information, which is compiled by automotive technicians. (They receive a fee in exchange for contributing data.) Art Jacobsen, the company’s vice president, said it is important to find out why the light is on because “small problems can lead to big price tags” if necessary repairs aren’t completed.
US Service Academies, Don’t Ask, Don’t Tell, West Point: Another difficult issue ..
Brenda S. Fulton graduated in the West Point class of 1980, the first to include women. In a few weeks she will return to the military academy in another historic role: as the first openly gay or lesbian member of its Board of Visitors, which advises the president on all things West Point.
Joe Galioto/Knights Out, via Associated Press
Brenda S. Fulton, who was appointed to the United States Military Academy Board of Visitors by President Obama, graduated from West Point in 1980 in the first class at the academy that included women.
Ms. Fulton, 52, will arrive just in time to help guide the academy and its superintendent, Lt. Gen. David Huntoon, through the repeal of the “don’t ask, don’t tell” policy banning openly gay and lesbian people from serving in the military — or from attending military academies like West Point.
Though there is no precise timetable for the repeal, the armed services are on pace to complete preparations for it by the fall.
Ms. Fulton, who was appointed by President Obama, says she envisions a smooth transition to the new world of sexual openness in the military. The Army, she says, has come a long way from the days when she not only had to hide her sexuality but also endure the taunts and hostility of cadets and soldiers who did not think women belonged in the military.
“West Point could implement repeal just fine without me,” she said in an interview. “But if my appointment helps West Point send the message to young men and women that — whether you are male or female, straight or gay — if you are qualified to serve, you are welcome; if it does that, then I’ll be happy.”
Got to have it!, Star Wars, kitsch, random: Now really, what does anyone need with a Darth Vader spatula?
Whether the mission is baking cookies or flipping pancakes, young Padawan cooks will love using our official Star Wars spatula featuring the fearsome Darth VadChiier.
Museum of Fine Arts with Julia and Jimmy and Regan Pluck, Chihuly: My first experience with Chilhuly … more to come. Thanks Julia, Jimmy and Regan!
Over the course of his career, Dale Chihuly has revolutionized the art of blown glass, moving it into the realm of large-scale sculpture and establishing the use of glass—inherently a fragile but also magical material—as a vehicle for installation and environmental art. This exhibition of new and archival works represents the breadth and scope of the artist’s creative vision over the last four decades. The exhibition will include installations such as Lime Green Icicle Tower, to be installed in the Shapiro Courtyard; a Persian Wall; a Chandelier room with six examples, including the Chiostro di Sant’Apollonia Chandelier; and a room containing a magnificent Mille Fiori installation that is nearly sixty feet long. By 1965, Dale Chihuly was already captivated by the process of glassblowing. Influenced by an environment that fostered the blurring of boundaries separating the various arts, as early as 1967 Chihuly was using neon, argon, and blown glass forms to create room-sized installations of his glass. Although his work ranges from the single vessel to indoor and outdoor site-specific installations, he is best known for his multipart blown compositions. Based in Seattle, Washington, Chihuly works with a team of glassblowers, a process that allows him to work on a grand scale and to explore and experiment with color, design, and assemblage. “Chihuly: Through the Looking Glass” provides an opportunity to see and explore the full range of his artistic achievements by immersing visitors in the beautiful and enchanting environments created through his extraordinary vision.
And while I was at the Museum of Fine Arts, I saw a few other paintings and art exhibits that struck my fancy … One was
Who discussed this painting, Watson and the Shark, with me? I saw it in Boston … definitely a scary painting.
Who discussed this painting with me? I saw it in Boston … definitely a scary painting.
CHS: i’d say! I’d rather face a dog bite than a shark bite any day!!DLT” Shark stole his clothes first. 🙂
CHS: ” Brook Watson was a 14-year-old orphan serving as a crew member on his uncle’s trading ship. While swimming alone, he suffered two attacks by a single shark. On its first attack, the shark bit off a chunk of flesh from Watson’s right leg below the calf; on the second attack, it removed his foot at the ankle. The crew of a small boat, which had been waiting to escort their captain to shore, fought off the shark and rescued Watson. His leg was amputated below the knee, but he went on to live a full life, including a term as Lord Mayor of London. This is the earliest attack by a shark on a human to be fully documented.”
You and I had a running conversation about this painting.
Well I saw it last night! I turned around and it was right there … very cruel painting.