The Budget Control Act Of 2011 Violates Constitutional Order

August 5, 2011 @

In a Constitutional Republic of the sort that we thought we had, the process by which laws are made is at least as important as the laws that are enacted. Our Constitution prescribes that law-making process in some detail, but those who voted for the “Budget Control Act of 2011″ (“BCA 2011″) were wholly unconcerned about trampling upon required constitutional processes on the way to the nirvana of “bi-partisan consensus “to avert a supposed crisis. At least two titles of the bill now being rushed through Congress are unconstitutional.

First, the “Debt Ceiling Disapproval Process” in BCA 2011 Title III unconstitutionally upends the legislative process.

The Constitution’s Article I, Section 8, Clause 2 vests in Congress the power “to borrow Money on the credit of the United States.” As two of America’s leading constitutionalists, St. George Tucker and Joseph Story, observed, the power to borrow money is “inseparably connected” with that of “raising a revenue.” Thus, from the founding of the American republic through 1917, Congress — vested with the power “to lay and collect taxes, duties and imposts,” — kept a tight rein on borrowing, and authorized each individual debt issuance separately.

To provide more flexibility to finance the United States involvement in World War I, Congress established an aggregate limit, or ceiling, on the total amount of bonds that could be issued. This gave birth to the congressional practice of setting a limit on all federal debt. While Congress no longer approved each individual debt issuance, it determined the upper limit above which borrowing was not permitted. Thus, on February 12, 2010, Congress set a debt ceiling of $14.294 trillion, which President Obama signed into law.

However, a different approach was used when BCA 2011 was signed into law on August 2, 2011. Title III of the Act reads the “Debt Ceiling Disapproval Process.” Under this title Congress has transferred to the President the power to “determine” that the debt ceiling is too low, and that further borrowing is required to meet existing commitments,” subject only to congressional “disapproval.” For the first time in American history the power to borrow money on the credit of the United States has been disconnected from the power to raise revenue. What St. George Tucker and Joseph Story stated were inseparable powers have now by statute been separated.

Read More at Floyd Reports By Herbert W. Titus and William J. Olson

6 Comments → “The Budget Control Act Of 2011 Violates Constitutional Order”

  1. Frank

    8 years ago

    This is a complete outrage!! Who is watching the hen house? It appears that the fox is the one guarding it and he is having a blast by scaring and eating the chickens. We must find a way to stop this madness!! We must get O and his friends in jail where they belong! We must get back to God as a nation and do it now!!!

  2. David in MA

    8 years ago

    It looks like even congress is supporting the bit by bit dismanteling of the constitution in the administrations march into islamoc socialism. If America gets to vote in 2012 America had better elect to congress people who support the U,S. Constitution or America will be fully a third world nation under the New World Order/One World Government. I say “gets to vote” because obozo is looking for a reason th envolke martial law, and if that happens he will be dictator for life and America will be lost.

  3. Norman Wand

    8 years ago

    We were charged by George Washington himself to at least read and comprehend the Constitution so that we may the “future guardians of the liberties of the country”. This generation has failed miserably. Probably a new immigrant who has to study American History to be eligible to take the loyalty oath of naturalization knows and respects the Constitution more than the average youngster today. Deceit and untruths are used to undermine the legacy that reminds us liberty is provided only by our creator and not by any dictatorial power that requires granting it an authority which the people are not permitted (unalienable) to give away even if they wanted to (inalienable). It was felt that the people of the book, would be the best guardians with a profound understanding of the tolerance required and know how to use it to keep a moral government that constantly corrects and maintains a course that limits its laws to the science of government and justice and not religious practice. We now face an unusual two pronged attack by those who call the people of the book inferior infidels and those who feel they alone should make distribution of the wealth of human achievement or good fortune from private voluntary hands to the government regardless of the well known fact that this results in equal distribution of scarcity. Yet they cling to the concept which they wrongly think is necessitated by fairness at the expense of liberty.
    The constant reminders in our money, court decorations and formalities in public assemblies are being erased along with the knowledge of the guardianship entrusted to us.

    Forgive me for the long prologue above but it is to emphasize a final irony:

    We presently have a “weather underground” person, an imposter President, expert at deception, who is foolishly mistaken as simply inexperienced when actually he is dedicated to destroying US economic domination through financial collapse and remaking it in the socialist or fascist mold. It appears that the Cloward-Piven technique used to bankrupt NYC is being applied to the US as a whole. The fact that 60% of the newly provided debt limit was spent the day after the Congressional distorted and unconstitutional law granting it indicates that the latest spending figures had been concealed. Here is what to expect:

    A huge amount of new spending debt without revealing the true motive of collapsing the economy with various untruthful motives is foremost. It is amazing that in this last debt increase his supporters actually claimed that the US had to borrow more to maintain a high rating which is an illogical notion perhaps brought on by a desperate attempt to conceal the ability to even pay a manageable percentage of income to interest was misrepresented by the latest available financial figures of a government that is still operating without a budget.

    An expansion under the so call “health care law” in spending by creating a large and expensive but unemployed absorbing Federal Civilian Stability Force is a possibility unless guardians remain alert. This force will be deployed supposedly to help Homeland Security protect us and may actually employ persons as watchmen in neighborhoods and apartment houses who can report the comings and goings of people and operate and maintain video and audio monitoring devices and equipment.

    A total frustration of the few remaining Constitutionalists that still remember they are charged with guarding our liberty apppears is likely. The inability of achieving the redress of the seating of an imposter as President which the Constitution has guidance for remedy will use an excuse of “mootness” as a last ditch effort by the Courts to find a way out of their dilemma in the face of overwhelming evidence.

    Thank you for reading. Have a nice day. Sorry if I upset you.


  4. roger lubiens

    8 years ago

    I hope someone takes up the Constitutional challenge to this new transfer of power to rule it invalid, bringing it back to recognize the balance of powers our founding fathers established.

  5. Mike Travis

    8 years ago

    So now what? We already know Obama is a criminal and a traitor. Do you have something to propose that will take him down? No? Then you are worthless. We the People do not need another news source telling us Obama is a criminal. We need a plan to take him out!

    Since you don’t seem to have one, I will present one from a Navy Commander. Go to his website where you can join in a movement to charge Obama with treason. Are you just going to write comments, or are you going to get up off your butt and do something?

    Go to this site NOW:

    The Commander has directions on how you can file a personal Criminal Complaint against Obama! You know Obama is a criminal and must go, so go get him!

  6. Harold Clark

    8 years ago

    Why should this surprise ANYONE, Obama is out to destroy America and he and the other socialists in the congress and senate have been violating the Constitution for some time like ‘making Obama produce’ his elgibilty to sit in the white house. They are either traitors to America or just a bunch on stupid ignorames. Or maybe a bunch of gutless wimps.

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