What Would The Supreme Court Do If Obama Invokes The 14th?

Solomon

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Fri Jul-29-11 11:00 AM
Original message

What Would The Supreme Court Do If Obama Invokes The 14th?

Revoke his action and declare the nation in default? I don't think so.

Don't care how right wing they are.

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soleft

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Fri Jul-29-11 11:01 AM
Response to Original message

1. How likely is it the GOP would try and impeach him if he did?

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Lil Missy

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Fri Jul-29-11 11:53 AM
Response to Reply #1

13. Steve King has already suggested impeachement if Debt Ceiling is not raise, but

he will vote NO to raising the ceiling. What a fucker.

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HopeHoops

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Fri Jul-29-11 11:02 AM
Response to Original message

2. Write an opinion that essentially eviscerates Section 4 of the 14th.

Why do you think Obama hasn't used it?

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msanthrope

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Fri Jul-29-11 11:03 AM
Response to Reply #2

3. And we have the winning answer!!!!! n/t

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BlueCaliDem

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Fri Jul-29-11 11:06 AM
Response to Reply #2

7. That's my take, too.

They're itching to destroy the Constitution - like Roe v Wade - and should the President invoke the 14th, they'll try to dismantle section 4 as soon as they can get it faxed to their plush offices.

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indepat

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Fri Jul-29-11 11:32 AM
Response to Reply #2

12. Because the felonious five would again render a 5-4 decision even more feloniouser than their

previous feloniouset decisions? :patriot:

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Deep13

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Fri Jul-29-11 11:03 AM
Response to Original message

4. Reverse him and cause a default. Nothing in the 14th expands presidential power. nt

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HereSince1628

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Fri Jul-29-11 11:04 AM
Response to Original message

5. They'd wait

The supremes wait until someone asks them to hear a case.

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JoePhilly

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Fri Jul-29-11 11:05 AM
Response to Original message

6. GW Bush appointed CORPRATISTS, not Teabaggers.

Business doesn't want a default.

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MineralMan

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Fri Jul-29-11 11:09 AM
Response to Original message

8. When Harry Truman invoked the 14th Amendment at the beginning

of the Korean war to nationalize the nations steel mills, the courts ruled that he could not do that. I would expect that precedent would be followed in this case, as well. There is a precedent, and it was overturned.

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quiller4

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Fri Jul-29-11 12:04 PM
Response to Reply #8

14. All true but the reversal came 9+ months after the fact after Truman's

action had already achieved what it was designed to do.

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Mz Pip

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Fri Jul-29-11 11:13 AM
Response to Original message

9. I don't think they can do anything

until it is challenged. Which it would be. Another long drawn out mess.

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E_Pluribus_Unitarian

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Fri Jul-29-11 11:19 AM
Response to Original message

10. Five of them will show their butts as usual...

...and it's worth it to keep reminding the people just how inept they are, and how we should be far more careful about whom we allow to occupy that bench. Go_bama!

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elleng

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Fri Jul-29-11 11:20 AM
Response to Original message

11. No, and Supremes wouldn't 'revoke,'

would send case to court from whence it had come. That is, would have had to be heard in 'lower' federal court, and Supremes would be reviewing that court's decision, so would send it back for 'a decision consistent with this decision.' Procedure is what I'm discussing here. They surely would not declare the nation in default, even if they disagree w invoking 14th.

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tritsofme

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Fri Jul-29-11 12:55 PM
Response to Reply #11

20. The question would be validity of the new debt issued outside the statutory debt limit.

If that debt was to be declared unlawful, it could have the same practical effect as a default.

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Solomon

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Fri Jul-29-11 12:08 PM
Response to Original message

15. I don't think impeachment would succeed, except to clog up the

government so that nothing else gets done.

I can't see somebody losing an impeachment for saving the country from default.

I admit. I don't know what this section 4 business is that people are talking about. I'll have to take a look at that to see what people mean when they say the court would eviscerate section4.

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daa

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Fri Jul-29-11 12:36 PM
Response to Original message

16. They would do nothing. In the constitution it says that

CONGRESS appropriates the money. They already blew it in bombs and tax cuts. The president just spends what they appropriated. It like your grandfather takes you out to dinner and says he's buying. Everybody orders and the bill comes and grandpa says I'm not paying. The money is spent. He is now saying he only wanted to spend what he spent last year. Too late, the meal is gone. This is the stupidity of the republican party. They don't even know how a bill becomes law. They think they send it to the Senate and they rubber stamp it. They don't know a thing about reconciliation. They are STUPID.

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Llewlladdwr

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Fri Jul-29-11 12:45 PM
Response to Original message

17. How exactly does the President "invoke the 14th"?

Does this require looking into a mirror in the Oval Office at midnight and chanting "14th Amendment" three times?

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tritsofme

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Fri Jul-29-11 12:52 PM
Response to Original message

18. Could the SCOTUS call it a "political question" and punt on the matter?

That would seem to be their easiest out.

The recourse for Republicans would be impeachment.

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Marr

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Fri Jul-29-11 12:55 PM
Response to Original message

19. You mean the court with the corporate attorney at it's head?

Edited on Fri Jul-29-11 12:55 PM by Marr

That court? I think they'd back him up. Wall Street wants the debt limit raised.

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