Debra Cassens Weiss has the story at Can Obama ignore the debt ceiling? Three constitutional arguments provide a 'yes' answer.
The fact is that the House of Representatives is not playing according to the rules. Real life especially, just as any "game" or "sport", requires that those who do not play by the rules be thrown out of the game, sooner or later, because they endanger everyone else. That is an inexorable rule of life.
The legislature is nothing without the power of the executive.
Congress can only pass measures, nothing more, and must depend on the executive to enforce them. He can choose not to do so if there is a lack of good faith on the part of the legislature. Any branch of government that does not play by the rules can not expect the other branches to do so.
When, as now, a part of the legislature, such as the extremist faction of the House of Representatives, and the exceedingly weak groupie Republicans in that House, support a virtual coup d'etat, and usurp government functions of the executive, then the chief executive has ALL options open. All.
He could restart federal government and disband or ignore the House until a proper budget is passed and there is really nothing that the House could do about it. Nor can the Supreme Court do anything if the chief executive wields emergency powers. They are powerless without the good will of the President.
That solution is not an option anyone wants, but you have to distinguish power from prudence. The President, as any chief executive, has ultimate power.
The House has pushed its own power far beyond its limits and the inevitable backlash will send it back-pedaling, with a division of the Republican Party into two separate parties as the possible long-term result, i.e. a GOP of traditional Republicans holding to the rule of law and to long-standing American political and moral values, and a Tea Party of right wing extremists, scorning democracy, violating the rule of law and scoffing at the U.S. legal system.
Given the current situation, no good result for the Republican Party can be imagined, either internally, or among the voters.
They have simply gone too far and now stand on the edge of a cliff of their own making, once again showing that human stupidty and greed have no bounds.
Tuesday, October 08, 2013
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