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SENTRY JOURNAL » Congress, Uncategorized » Debt Ceiling Deal: Is the “Super Congress” constitutional?

Debt Ceiling Deal: Is the “Super Congress” constitutional?

A few days ago the debt ceiling “crisis” was adverted when congress cobbled together a plan that kicks the can even further down the road.  Within this bill there is the framework to set up a 12 person bipartisan commission whose charter is to find additional spending cuts and present them before congress for a simple up or down vote without debate.  They have been granted unprecedented authority by the congress to act on behalf of the American people to cut spending.  People have called this new panel with these new powers a Super Congress.  Here’s the problem, one of the very foundations of our republic is to be able to have open and robust debate on the issues.  This commission which requires a simple up or down vote sounds more like a democracy and less like a republic and we all know our founders did not want to see America as a democracy, because in a democracy is nothing more than mob rule with out debate or discussion.  Below is a clip from Fox News contributor Judge Andrew Napolitano questioning whether this commission is even constitutional.

One thing to note here is in the last years of the Roman Republic, the Roman Senate began to abdicate its own authority a piece at a time until it eventually became nothing more than a hollow body which had very little to no power.  The became advisory council to the emperors but in the end irrelevant.  It looks like history appears to be repeating itself.

Liberty forever, freedom for all!

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  • Adrienne August 4, 2011 at 7:27 AM

    American Thinker has an article up by two constitutional lawyers who say, most emphatically, that it is not (as well as a few other unconstitutional issues in the bill.)

    http://www.americanthinker.com/2011/08/the_budget_control_act_of_2011_violates_constitutional_order.html

    I’ve already written Mike Crapo (R-ID) with the same question, even though I know the answer.

    I’m surprised everyone is so focused on the amount of money and not the so-called “Super Congress.
    Adrienne recently posted..The rest of the week…My Profile

    • John Carey August 4, 2011 at 11:53 PM

      I know what you mean Adrienne. Although the numbers are indeed important it’s equivalent to the paint color on a house. This is the first thing the notice…they miss that the foundation is cracked. And the foundation is the constitutionality of the entire thing.
      John Carey recently posted..Debt Ceiling Deal: Is the “Super Congress” constitutional?My Profile

  • KingShamus August 4, 2011 at 8:30 AM

    Congress has been slowly but surely giving up a lot of it’s powers to the executive branch over the last several decades. Even more disturbing to me is the trend where the legislative branch lets the bureaucracy write the laws. At least Presidents are elected. I didn’t vote for Joe Schmuckface, regional assistant director of the National Endowment of the Obscene Hateful Art That Everybody Has To Pay For Through Taxpayer Robbery.
    KingShamus recently posted..The Left, Chad Ochocinco and Proper Reading MaterialMy Profile

    • John Carey August 4, 2011 at 11:57 PM

      The reason congress has been delegating their authority to the President is because the United States has been in a perpetual war for the last few decades and you will find in times of war the President’s power is increased to give him the latitude to act in the best interest of the nation. This is exactly what happened with the Roman Republic. In times of crisis more power was granted to the head of the Senate. When the crisis was over the head of the Senate was to give power back.
      John Carey recently posted..Debt Ceiling Deal: Is the “Super Congress” constitutional?My Profile

  • Jim at Conservatives on Fire August 4, 2011 at 9:39 AM

    Your last paragraph is right on the money, John. Over the years our Congress has delegated so much of its constitutional authority to others that they are making themselves irrelevant.
    Jim at Conservatives on Fire recently posted..Should Law Enforcement Agencies Have The Power To Write And Enforce Whatever Laws They Desire?My Profile

  • Quite Rightly August 4, 2011 at 9:42 AM

    There’s nothing like not having to work for your money. Our lazy, good-for-nothing Congress critters have been passing the buck for so long they don’t even remember what their jobs are supposed to be. As long as they can line their own pockets, enjoy up their great medical coverage, Congressional gym, offices and staffs, insider stock information, and lessons in how not to pay their taxes, they are quite happy to give away our once great Republic with both hands.
    Quite Rightly recently posted..Every One of These People Paid Actual Money to Wish Obama a Happy BirthdayMy Profile

  • Infidel de Manahatta August 4, 2011 at 2:27 PM

    Why bother even having a Constitution. It’s so…..so….inconvenient when trying to establish the will of the Elite.
    Infidel de Manahatta recently posted..Angry Right-Wing Rhetoric Leads to Violence!My Profile

    • John Carey August 5, 2011 at 12:05 AM

      The progressives have very use for the constitution because it was crafted to limit the government’s ability to infringe up our rights. This is a group who believes government is the answer. The constitution is a document that believes people are the answer.
      John Carey recently posted..Debt Ceiling Deal: Is the “Super Congress” constitutional?My Profile

  • Teresa August 4, 2011 at 4:53 PM

    Thanks for the info on the Roman Republic. I hadn’t heard of that. Our Republic is going down in flames and our GOP congressmen are willing to compromise? How sad and pathetic. They caved out of fear. Electing constitutional conservatives, reducing the size of government and eliminating crippling regulations is at least part of the answer.
    Teresa recently posted..Samwise comments on WSJ and McCain Calling Tea Partiers HobbitsMy Profile

    • John Carey August 5, 2011 at 12:09 AM

      The problem Teresa is the party is be run by moderates. The true conservatives are getting stronger but they are not quite there. The people need to understand that Boehner is part of the problem and should step down as speaker. 2012 is our chance to build on what happened in 2010.
      John Carey recently posted..Debt Ceiling Deal: Is the “Super Congress” constitutional?My Profile

  • Steve Dennis August 4, 2011 at 8:25 PM

    There is no doubt in my mind that this is unconstitutional. The House has taken away the representative government of the people and handed it over to a select few and if this is not unconstitutional I don’t know what is.
    Steve Dennis recently posted..Video: New Hampshire Senator Kelly Ayotte on the Senate floor explaining her opposition to the debt ceiling billMy Profile

    • John Carey August 5, 2011 at 12:12 AM

      I don’t believe it’s constitutional. However Steve the only way this really gets addressed is if we actually have elected representatives that care about the constitution. I only see a handful. So much for reading the constitution on the House floor. Did they understand any of it? Their actions say no.
      John Carey recently posted..Debt Ceiling Deal: Is the “Super Congress” constitutional?My Profile

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  • Adrienne August 5, 2011 at 7:48 AM

    I found it interesting that Ed Morrisey (sp?) at Hot Air slammed Judge Napolitano yesterday and proceeded to “instruct” his readers in the combox of why the “Super Congress” was A-ok. I was surprised not one of the commenters referenced the American Thinker article.

    He (Morrisey) put out some very bad information. I think I’d be more inclined to believe two constitutional lawyers than a Hot Air blogger with no creds.
    Adrienne recently posted..Obama stoned in Chicago?…My Profile

    • John Carey August 5, 2011 at 11:23 PM

      That is a bit surprising and unnerving at the same time. But like you said Mr. Ed is not the subject matter expert on the issue. I’m with you; I’ll stick with the constitutional experts on the issue.
      John Carey recently posted..Friday Ramblings: The truth can be a painful friendMy Profile