Monday, July 25, 2011

Imaginative Constitutional Histories, Executive Unilateralism, and the Debt Ceiling

From Balkinization, more thoughts about presidential power during a time of crisis, such as the possibility that Congress might allow the nation to default on its debt.

The author points out that previous presidents - Lincoln and FDR, though there were others - had to wrestle with situations where massive damage could have been done to the nation through perfectly constitutional and legal means. They choose to do the (probably) unconstitutional thing, in order to maintain the constitutional and economic system.

Its an interesting question. In order to preserve the constitution, might a president have to - on extraordinary occasions, violate it?

A side note: Should we just get rid of the debt ceiling?
- Smash the Ceiling
- How we got into this fine mess