Constituional Nonsense…

Just a few months after arguing majestically about how the Constitution puts virtually no limits on the “judgment of Congress,” Millhiser now hopes the White House begins “seriously exploring whether the Constitution will save America’s economy from the GOP’s extortionary tactics.” And David Dayen of FireDogLake, who thought it was “silliness” for members of Congress to read the Constitution in its entirety at the start of the session, now thinks it’s okay to read this one little section. He urges Democrats to stop tussling with Republicans over spending and taxes and just go with “a strategy that works: reading the Constitution.”
But this tortured interpretation of the 14th Amendment actually shows why members of Congress — as well as the pundit class — should have participated in the public reading of the entire Constitution earlier this year. If they had done that, they might not have skipped over an essential passage regarding the power to borrow. Article I, Section 8 — the same part of the Constitution that gives Congress the power to tax, appropriate, and “regulate commerce . . . among the states” (long the Left’s justification for any regulation of activity, or in the case of Obamacare, the inactivity of not buying health insurance) — also explicitly states: “The Congress shall have power to . . . borrow money on the credit of the United States.”
The 14th Amendment doesn’t affect this power one bit. It applies only to debt “authorized by law,” and as Catholic University Law School distinguished scholar John S. Baker wrote recently in NRO, “Only Congress — not the president — makes law.”


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