Government by separation of powers and ambiguity

Yes, in my last post I did indicate that the President has authority to exceed the Congressionally authorized debt ceiling by virute of his (or her) duty to “take Care that the Laws be faithfully executed.” (Article 2, Section 3). I think it would be a reasonable intepretation that although Congress has the power to appropriate money they cannot limit the executive’s ability to pay bills or debt resulting from previous Congressional actions. This seems to be reinforced by the 14th amendment. And if laws conflict, the President has discretion in deciding which laws to carry out.

But that is just my opinion and who knows how the Supreme Court would come down on this. Sort of like the War Powers Act in that both sides have a good argument but both also have much to lose if the courts decide that the other side has a better argument.

So we not only have a separation of powers but ambiguity and somehow it all works. That seems to be the genius of the Constitution. There is quite a bit of ambiguity in the Constituion but lawmakers add more as we go.

About Jack

I retired in 2008 and so I have more time now to devote to several of my interests The blog here is mainly for my interests in some current events but may have the occasional rant on other subjects.
This entry was posted in Current Events and tagged , , , , . Bookmark the permalink.

2 Responses to Government by separation of powers and ambiguity

  1. Pingback: Can the President ignore the debt ceiling? | RealityBasedOpinions

  2. Brant says:

    Impressive piece of writing, I really look forward to up-dates by you.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>