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Old 07-07-2011, 08:36 PM
jimM47 jimM47 is offline
Join Date: Apr 2007
Posts: 459
Default Re: The Debt Ceiling's Constitutionality

With respect to that particular point Michael Stern says:
The quote from Freytag is from Justice Scalia’s concurrence, not the majority opinion. Even if it were in the majority opinion, it would be dicta, not a holding. And Justice Scalia is referring to laws that encroach on the constitutional powers of the executive (which no one claims that the debt limit does), not all laws.
Seems right to me. Scalia's concurrence for four justices is basically a dissent that happens to reach the same outcome as the majority opinion.
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