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Constitutionality of the Debt Limit
05-10-2023, 01:26 AM
Post: #4
RE: Constitutionality of the Debt Limit
With all due respect to Dr Tribe's quote mining, reading the rest of Lincoln's speech from which the quote comes from paints a different picture of what Lincoln is arguing:

Now it is insisted that Congress, and not the Executive, is vested with this power; but the Constitution itself is silent as to which or who is to exercise the power; and as the provision was plainly made for a dangerous emergency, it can not be believed the framers of the instrument intended that in every case the danger should run its course until Congress could be called together, the very assembling of which might be prevented, as was intended in this case, by the rebellion

Lincoln is clearly arguing that the plain text of the Constitution empowers him to suspend the writ of habeas corpus during an insurrection where the public safety may require it in the absence of any legislation passed by Congress; not that he could disregard laws.
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RE: Constitutionality of the Debt Limit - Steve - 05-10-2023 01:26 AM

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