View Single Post
Old 07-06-2011, 11:07 PM
uncle ebeneezer uncle ebeneezer is offline
Join Date: Feb 2007
Posts: 3,332
Default Re: The Debt Ceiling's Constitutionality

An example.

If Obama does choose to move forward, he will be doing so on strong legal footing. In Freytag v. Commissioner (1991), the Supreme Court held that the president has “the power to veto encroaching laws . . . or to disregard them when they are unconstitutional.” The final word still may lie with the Supreme Court, but in the interim, the president need not wait for its opinion. “As a simple matter of constitutional logic, the president can refuse to enforce a statute he believes violates the Constitution,” said Professor Barry Friedman of NYU Law School in a telephone interview with me. “In fact, he is sworn by oath not to enforce it,” added Friedman, author of the book “The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution.”
I would be interested to hear from those more knowledgable than me on this matter (which includes just about everyone )
Uncle Ebeneezer Such a fine line between clever and stupid.
Reply With Quote