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OpEdNews Op Eds    H4'ed 10/7/13

The Two-Party System is a Farce

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Everybody knows that this so-called government shutdown is bull**it. Everybody knows who the actors are and everybody knows why they are doing the things they are doing. The insane chatter on MSNBC, CNN and all the other networks is just crap to keep us on edge. The Government is not going to default on the 17th and everyone knows it.

If the Government does default or gets close to defaulting, the President could use the 14th Amendment to issue an Executive Order to keep the government running and stop any default.  The Fourth part of the 14th Amendment states:

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.

According to Fortune Magazine's Roger Parloff, (senior editor ):

The inevitable crisis arises because the President has a Constitutional obligation to "take care that the laws ... be faithfully executed," which means spending money at the levels Congress has mandated. Yet his only source of funds with which to do so are the revenues Congress permits him to raise via taxes or the funds it permits him to borrow by issuing public debt. (The Constitution gives Congress control over all three functions: spending, taxation, and borrowing.) If the President fails to come up with the requisite money to spend, he'll default on the public debt in violation of Section 4 of the 14th Amendment.


So the debt-ceiling law places the President in what Buchanan and Dorf call a "trilemma," with no way out. Under the Constitution, he can't default, he can't unilaterally raise taxes, and he can't unilaterally borrow. In such a predicament, those scholars believe he is obliged to take the "least unconstitutional" approach, which, for reasons they outline, they think would be invalidating the debt-ceiling and issuing new debt -- which they call "Presidential debt," because it would have no Congressional authorization .


President Obama, a Constitutional scholar and lawyer knows what time it is. He will absolutely will not allow the Federal Government to default. The Republican extremists know this and are trying to force his hand.  He is damned if he does let the government default and he will be damned by using an Executive Order to keep it running. In fact the entire Federal Government should be damned for taking this nation into uncharted territory.


If they force the President into a dictatorial position, he will take it. Unless the Congress negotiates some compromise that will satisfy the President, he will veto any compromise that is put in front of him. This is reality. This is what the House of Representatives doesn't seem to understand. If this was a game of chess, he would have them checked. The 14th Amendment would be check mate.


This isn't a game that the Administration wants to play, but if the obstructionists in Congress want to push the boundaries of the Constitution, they will effectively be in rebellion. If they don't want to play by the rules that the Constitution requires, than they should be impeached.


This should be the threat that the Senate and the Executive branch should be using. If these people that sought elective office don't want to do their jobs, than they should be replaced. I'm sure that the majority of people in this country feel the same way.

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Tim Gatto is Ret. US Army and has been writing against the Duopoly for the last decade. He has two books on Amazon, Kimchee Days or Stoned Colds Warriors and Complicity to Contempt.

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