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View Diary: Why The Debt Limit Fight Will Be A Political Face-Off With No Gimmicks Or Constitutional Crisis (208 comments)

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  •  Good analysis (1+ / 0-)
    Recommended by:
    Gary Norton

    and reflects what the debate should be, not the silly coin debate.  I also agree that your conclusion that 31USC3101(b) probably takes precedence over the President's obligation to spend appropriated funds.  However, I do not think it is as clear cut as you make it.  One problem with your interpretation that comes to mind is that it might allow a President to reduce the amount of borrowing in order to avoid spending money which he is otherwise required to do.

    Lawyers often are called to defend a losing position.  I would be interested in seeing you or another Kossack tackle the other side of argument in which the appropriations law takes precedence over the debt limit.  

    Dedicated to recapturing the American Dream by changing the framework of the debate to focus on: Growth, Efficiency, Community, Sustainability and Economic Fairness. Improve constantly and drive out fear - Dr. W. Edwards Deming

    by Paradigm Change on Tue Jan 15, 2013 at 08:45:47 AM PST

    •  No he can't reduce borrowing within the limit. (1+ / 0-)
      Recommended by:
      MichaelNY

      Two things come into play: Treasuries statutory obligation to borrow to fund operations and the prohibition agains not spending (impoundment) when funds are in the Treasury. Both the Supreme Court and the subsequently enacted 1974 Budget Act speak to that.

      You may hear a different view on this or something else in this article from Armando later today, according to him.

      Further, affiant sayeth not.

      by Gary Norton on Tue Jan 15, 2013 at 09:40:45 AM PST

      [ Parent ]

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