143-year-old law has lawmakers treading gingerly during shutdown
http://www.nbcnews.com/business/143-year-old-law-has-lawmakers-treading-gingerly-during-shutdown-8C11319714
143-year-old law has lawmakers treading gingerly during shutdown
Steve Liesman , CNBC
3 hours ago
The law is the Antideficiency Act, passed by Congress in 1870 (and amended several times), which prohibits the government from incurring any monetary obligation for which Congress has not appropriated funds.
In shutting down the government, most memos cite the law as the reason. The Government Accountability Office says employees who violate the Antideficiency Act may be subject to disciplinary action, suspension and even "fines, imprisonment, or both."
What is ironic is that Congress in shutting down the government has to at least to some extent given up the power of the purse to the executive branch. Under the broad guidelines of what constitutes an emergency or threat to life or property, OMB now more or less decides what gets funded and what doesn't. But that latitude is limited by the fear of officials that, sometime after the event, a given decision is found to have been in violation of the Antideficiency Act.
By CNBC's Steve Liesman. Follow him on Twitter: @steveliesman
14th Amendment Section 4 will probably go in to effect if nothing goes through.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Obama has options beyond Congress.
Is it too much to hope that we can expect some Congresspersons to be arrested if they don't do anything about the debt ceiling?