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HuffPo sets groundwork for impeaching Obama.

I know, I know: that wasn’t the intent.  The intent was to flog the concept that a debt ceiling is itself unconstitutional as per the 14th Amendment, thus obviating forever the need for Democratic politicians to stop spending money that we don’t actually have.  Here’s the text from the 14th:

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.

…and it’s been argued – pretty much mostly by neo-Keynesian (and former conservative) Bruce Bartlett, which is something that the HuffPo author did not mention (can’t imagine why he’d think that actual conservatives would react badly to a Bartlett scheme) – that the text means that any attempt to enforce a real cap on indebtedness is thus unconstitutional, so there, neener neener.  If you’re wondering, however, how you can make it unconstitutional to enforce a cap on indebtedness while not also conceding that it’s unconstitutional to incur that debt in the first place, well, I regret to tell you this: you are immediately disqualified from writing for HuffPo.  Or writing fiscal policy for the Democratic party, apparently.

As you might have guessed, I look forward to the Democrats using this argument, for the following reasons:

  1. The Tea Party is not going to shut up because a Democrat screams “Unconstitutional!” at them.  Partially because they can read the blessed thing themselves, and they’re going to notice that the 14th says nothing about requiring that debt be incurred*; and partially because the Tea Party has, collectively and individually, rather more brains than Democrats give them credit for having.
  2. People are “divided on whether the debt limit should be raised, according to an Associated Press-GfK poll that found 41 percent opposed to the idea and 38 percent in favor.”  Let me translate that out of AP-ese: the Democrats will start this discussion trying to convince the American people that the plurality opinion on this issue is unconstitutional.  That in itself is not an insurmountable problem, but it is complicated by the detail that ‘Do not raise the debt ceiling’ is semantically equivalent to ‘Stop spending money that we don’t have, you idiots.’
  3. Remember Obamacare?  Remember how unpopular it was?  Remember how unpopular it kept being, no matter how hard the Democrats tried to move the needle?  Remember how the Democrats ignored popular opinion on that, and passed it anyway by cheating?  And remember when there were sixty Democrats in the Senate, and two hundred and fifty-nine in the House?  All of those questions are related.

But.  If the Democrats want to take a position on the debt ceiling which puts the members of the Executive Branch by the Democrats’ own interpretation of the language of the Constitution in danger of violating Article II, Section 4:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

…and I think that deliberately choosing to violate the Constitution – again, by the Democrats’ own interpretation – qualifies. Although it’s more about what the House leadership would think, of course; …anyway, if the Democrats want to give us this gift, who am I to prevent them?

Moe Lane (crosspost)

*Oops.

(H/T: Instapundit)

COMMENTS

  • lineholder

    Check this out

  • lineholder

    http://www.thedailybeast.com/articles/2011/06/28/obama-s-flawed-legal-reasoning-on-libya-and-how-to-fix-it.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+thedailybeast/articles+(The+Daily+Beast+-+Latest+Articles)

  • dajeeps

    I don’t think anyone is questioning the debt, and questioning is where there would be a violation. We acknowledge ~$14.5T in public debt already incurred. The 14th amendment doesn’t say we have to do acknowledge debt that has yet to be incurred and that is the object upon which the debt limit operates.

    If we follow their reasoning, we have to come clean about the dollar amount of unfunded liabilities from now until oblivion and put all of that down on the books as well. AND we also cannot question (cut) any legislation that spent any of that money – ever – because that would be questioning it. What a hair-brained notion. But if they insist, we’ll be sure to change the focus to unfunded liabilities, which of course if a dramatically larger number.

  • rightwingmom52

    Interesting debate over the word “hostile” when you consider the number of liberals who have accused the tea party of being a hostile group. Last I knew, we weren’t bombing anybody.

  • danfarfan

    To get out in front of this, Boehner should stage an (unleaked – even a surprise to his staff) announcement “of the gravest national concern.” “Force” all networks cover him, interrupted programming. The works.

    “My fellow Americans, I have received word of a situation being discussed around Washington so dangerous, such an unprecedented threat to the country that I’m forced to crush it before it gets out of hand and takes our great country to a place no one sane wants it to go.

    “I hold in my hand Articles of Impeachment that will be presented on the floor of the House of Representatives immediately if the WH willfully ignores the law of the land and continues spending past the debt ceiling.

    “There’s a reason we have checks and balances, not a dictator. There’s a reason we have elections, not coronations. There’s a reason we have impeachments, not coups. Mr. President, break this law and in the name of the citizens of the USA, at the hands of their sworn representatives, you will be fired. God bless the United States of America.”

    Maybe a movie of the week? ;-)

    @DanFarfan

  • renny

    because it is truly a distraction that is not going to happen and was a drag on the US during Clinton’s trials and helped imbed terrorism in places we weren’t paying attention to and brought out all the sordidness and degradation the president of the US had privately involved himself in. Not good for the home team or anyone farther away.

    Not even this Rep.-heavy House will impeach o, and if it were successful, you would get Biden and a huge Dem. sympathy vote. If the Sen. had voted conviction on Clinton, we would have been blessed with Gore who would likely have won in 2000 and you would be going into an 11th year of global warming bans and fees and surcharges and energy rationing, yadda. The EPA would already have eliminated most coal-powered elect. plants and we’d have to be refining oil in the Caribbean.

    Let’s concentrate on a candidate who can beat o so strongly we have a mandate to repeal o’care and kick out all the czars and restructure the EPA and address the entitlements.

  • DaveWT4

    “The validity of the public debt of the United States, authorized by law,…”

    “Authorized by law” clearly means Congress has to approve any debts! Case closed!

    But of course, when would a little thing like the plain written meaning on the Constitution stop the Progressives…

  • Francis Cianfrocca

    The 14th Amendment, Section 4, is saying nothing but this:

    The Federal Union’s debts will be paid.
    The Confederacy’s debts will not be paid.
    If you lost a slave to emancipation or act of war, you’re out of luck.

    Nothing at all about debt ceilings.