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Are We in Danger of an Imperial Presidency?

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    Jerry Bowyer and Judge Napolitano discuss the application of the 14th amendment and President Obama’s assumption of unilateral power

  • Duration 3:55
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Ignoring congress and ignoring the constitution has become standard operating procedure for this president.

Just look at what's happening in Libya.

But as the president going to ignore congress over the debt ceiling as well.

Some -- urged him to invoke the fourteenth amendment.

To bar without congressional authorization.

Treasury Department -- have said that's not an option.

But this president has ignored his own lawyers before we do it again.

Here with a report about the dangers of the imperial presidency.

During our national debt crisis is radio host and columnist Jerry board Jerry it's a pleasure.

Welcome back to freedom watch.

Great -- would he did you know that I've been studying the constitution my entire life or to order for thirteen years at several law schools have written six books about it.

And I can assure you there's nothing in the language.

Or the history.

Or the supreme court's interpretations of the fourteenth amendment.

Which would authorize the president to borrow money on his own.

Yet some of the president's -- left leaning supporters have suggested this what are they talking about.

Well they've they've come up with a bizarre new interpretation.

They section.

Of the fourteenth amendment does and as you know thirteen the fourteenth amendment.

We're after slavery they were designed to -- -- to abolish slavery they were designed to establish citizenship for those who formerly been slaves and one subsection of the fourteenth amendment was designed to make sure war.

That southern states once they were back in the union.

Didn't out of bitterness tried to deny -- they national debt.

That was incurred in order to defeat them so there was a section put in just to make sure that everyone understands.

That we're going to reaffirm our obligation to pay the national debt.

Perfectly fine that makes sense we should pay our -- right right it bond is a contract and the federal government is obliged to contract saying that anybody else.

But there's this idea moving around in sort of elite liberal circles the Atlantic magazine that was something in the washing -- post recently in other places.

That's saying all Walt what it says that the the national debt -- not be questioned.

Not only does that mean that the national debt should not be questioned but it means the president can ignore the congress on it.

-- let me let me stop you here.

But the phrase means that the states cannot question the national debt that they cannot she ruled that they are taxpayers in their states.

From their fair share of the national debt.

But -- from this president's behavior -- Libya for example and candidly.

Most modern American presidents have stretched the constitution almost beyond the point -- recognize ability.

Do you fear he might try to stretch these five words or seven words in the fourteenth amendment beyond recognize ability.

I do fear that and under the old pretense of tyranny.

Emergency.

Going back to Julius Caesar it's always the emergency.

And so the president's defenders on this for the ones we're trying to get him to use this approach.

Which is being talked about in the White House is well normally wouldn't do something like this but it's an emergency.

And so an emergency we can grab these powers from the congress all right you're an economist what -- what lender would lend money to the federal government.

Without certainty that the money would be repaid stated differently.

Who would by federal bonds if it exceeded the debt limit of the United States.

-- a foolish borrower or a borrower who's getting such a high rate of interest.

In other words -- the treasury bills are being treated basically like junk bonds that they're compensated for that risk -- -- keep in mind the fourteenth amendment specifies.

That it's only debt that's that's -- lawfully obtained only get lawfully entered into that covered in this way out of the president borrows above the debt limit.

That that isn't that lawfully entered into it really wouldn't be real that -- that that foolish firework could be found not too far from the White House and the person.

Ben Bernanke and his own printing press Jerri Blair -- -- -- -- thank you very much for joining us my friends thank you just.