The Civil War News & Views Open Discussion Forum

14th Amendment and the Dept Ceiling

I have brought this up before and have been doubted in my assessment but here it is coming into the forefront of the news...

The Lincoln Government put into place certain amendments to the Constitution that in effect striped the Constitution of its power as Constitutional Law and morphed it into Legislative Law. I was made aware of this from the writtings of a federal judge years ago and it seems he was right, and maybe underestimated how far the government might go with these amendments. Now, certain Congressmen believe that the 14th Amendment allows for bypassing Congress to attain a budget. They want the President to "evoke" the 14th Amendment (what ever that means) and to increase the debt limit, a power he should not have nor does the Constitution give him such power. Here is the clause....

"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."

What these good gentlemen are focusing on are the words "The validity of the public debt of the United States, authorized by law,... shall not be questioned." Somehow they are ignoring Section 5: which gives the power ONLY to Congress to make laws to enforce Section 4.

Here are modern elected officials trying to give the current President dictorial powers by interpeting the laws written by radical Abolitionist during Reconstruction. Wow.

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David Upton

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14th Amendment and the Dept Ceiling
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Well Said, Stan *NM*
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