The myth of government default

The Constitution commands that public debts be repaid. There is no such obligation to fund entitlement programs.

By David B. Rivkin Jr. and Lee A. Casey

Three false arguments, pushed hard by the Obama administration and accepted on faith by the media and much of the political establishment, must be laid to rest if the American people are to understand the issues at stake in the federal “debt ceiling” debate.

The first is that Congress’s failure to raise the debt ceiling—the amount of money the federal government is authorized to borrow at any given time—will cause a default on the national debt. The second is that federal entitlement programs are constitutionally protected from spending cuts. The third is that the president can raise the debt ceiling on his own authority.

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Is the Constitution outdate? Rivkin debates Seidman

Has the United States Constitution become outdated and obsolete? Constitutional attorney David Rivkin debates Constitutional Law Professor Louis Michael Seidman on whether or not it’s time to ditch the Constitution.

 

Highlights of David Rivkin on the annual review of the Supreme Court and health care law

Appellate and international attorney David Rivkin joins a panel at the Cato Institute’s annual publication of its review of the Supreme Court and its Constitution Day celebration in Washington D.C.

The following highlight’s David Rivkin and his remarks on the 2011 Supreme Court term review and health care law to the panel and audience members.

 

David Rivkin on the Supreme Court 2011 term review: Health care law

Appellate and international attorney David Rivkin joins a panel at the Cato Institute’s annual publication of its review of the Supreme Court and its Constitution Day celebration in Washington D.C.

The following segment highlight’s David Rivkin and his remarks on the 2011 Supreme Court term review and health care law.

 

Plenty of debates, not much about states

Democrats regard federalism as quaint, Republicans at least pay lip service to it

By David B. Rivkin Jr. and Elizabeth Price Foley

In the presidential debates, Barack Obama and Mitt Romney ranged across dozens of topics, but an important one didn’t come up: federalism. And no wonder.

The idea that the Constitution grants only limited and enumerated powers and leaves the remainder to the states is foreign to those who believe that the national government should or even could address voters’ every concern. But contrary to the view widely shared by the political class, Washington—in particular, Congress—does not have the power to pass any law it wants in the name of the “general welfare.”

Politicians should take heed. Voters are increasingly focused on the proper role of government in society: Witness the rise of the tea party and unease over the massive debt caused by entitlements and other government handouts. The continuing loud objection to ObamaCare’s takeover of health care shows that voters want to preserve the Constitution’s architecture of limited federal power.

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David Rivkin on Chief Justice Roberts’ key role in ObamaCare ruling

PBS NewsHour’s Jeffrey Brown talked to Laurence Tribe, a professor at Harvard Law School who had Chief Justice John Roberts and President Obama as students, and David Rivkin, who represented the states that challenged the health care law, about what the Supreme Court’s landmark health care ruling meant and its broader impacts. The following segment highlights David Rivkin’s interview and remarks.