• The constitutional expert who recently

    From ScottW@21:1/5 to All on Fri Jun 30 20:51:38 2023
    confused it with the Declaration of Independence says

    https://twitter.com/WarMachineRR/status/1674874834960957450
    “Did you overstep your authority?”

    Joe Biden: “I think the court misinterpreted the Constitution.”

    He should have listened to Nancy, "“The president can’t do it,” Pelosi said, at a press briefing years earlier. “That’s not even a discussion.”

    Pelosi said any student debt forgiveness would have to be carried out by Congress.

    SCOTUS agrees.

    What you won't hear is that everyone, including Joe knew this. It was all a ploy to influence an election. And it worked. After the stupid gullible young college debtors get the rug yanked out from under them, Joe will just blame those damn
    republican appointed justices for adhering to the constitution when it comes to appropriations.

    ScottW

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  • From mINE109@21:1/5 to ScottW on Sat Jul 1 07:42:27 2023
    On 6/30/23 10:51 PM, ScottW wrote:

    What you won't hear is that everyone, including Joe knew this. It
    was all a ploy to influence an election. And it worked. After the
    stupid gullible young college debtors get the rug yanked out from
    under them, Joe will just blame those damn republican appointed
    justices for adhering to the constitution when it comes to
    appropriations.

    The decision relies on tortured logic in applying an excluded middle
    reading of "modify or waive."

    Fortunately for student loan holders, as seen in the NYT, the Higher
    Education Act gives the secretary of education the power to “compromise, waive or release any right, title, claim, lien or demand, however
    acquired, including any equity or any right of redemption.”

    --- SoupGate-Win32 v1.05
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  • From ScottW@21:1/5 to All on Sat Jul 1 08:01:17 2023
    On Saturday, July 1, 2023 at 5:42:29 AM UTC-7, mINE109 wrote:
    On 6/30/23 10:51 PM, ScottW wrote:

    What you won't hear is that everyone, including Joe knew this. It
    was all a ploy to influence an election. And it worked. After the
    stupid gullible young college debtors get the rug yanked out from
    under them, Joe will just blame those damn republican appointed
    justices for adhering to the constitution when it comes to
    appropriations.
    The decision relies on tortured logic in applying an excluded middle
    reading of "modify or waive."

    It's not even clear congress can grant that in their poorly written law without going through the constitutional amendment process.


    Fortunately for student loan holders, as seen in the NYT, the Higher Education Act gives the secretary of education the power to “compromise, waive or release any right, title, claim, lien or demand, however
    acquired, including any equity or any right of redemption.”

    Meaningless gibberish without congressional appropriation of the funding
    as required by the constitution.

    Nancy knew. Joe knew it. You were lied to and you're still being lied to.
    I know how to fix it....make the teachers eat it. Give back your salary for the education.
    Release your right, title, claim and your ill-gotten gains from those poor duped students
    you gave useless and worthless education to.

    ScottW

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From mINE109@21:1/5 to ScottW on Sat Jul 1 10:41:44 2023
    On 7/1/23 10:01 AM, ScottW wrote:
    On Saturday, July 1, 2023 at 5:42:29 AM UTC-7, mINE109 wrote:
    On 6/30/23 10:51 PM, ScottW wrote:

    What you won't hear is that everyone, including Joe knew this. It
    was all a ploy to influence an election. And it worked. After the
    stupid gullible young college debtors get the rug yanked out from
    under them, Joe will just blame those damn republican appointed
    justices for adhering to the constitution when it comes to
    appropriations.
    The decision relies on tortured logic in applying an excluded middle
    reading of "modify or waive."

    It's not even clear congress can grant that in their poorly written law without going through the constitutional amendment process.

    "Modify or waive" (or "amend or waive") is standard language for laws
    and there's nothing unConstitutional about the executive choosing how to perform legislatively authorized tasks:

    https://www.law.cornell.edu/uscode/text/42/5141

    Any Federal agency charged with the administration of a Federal
    assistance program may, if so requested by the applicant State or local authorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of
    assistance under such programs if the inability to meet such conditions
    is a result of the major disaster.

    Fortunately for student loan holders, as seen in the NYT, the Higher
    Education Act gives the secretary of education the power to “compromise, >> waive or release any right, title, claim, lien or demand, however
    acquired, including any equity or any right of redemption.”

    Meaningless gibberish without congressional appropriation of the funding
    as required by the constitution.

    That might be the case if student loans were forgiven entirely, but not
    for the small amounts proposed. The HEA path:

    https://www.theregreview.org/2021/04/19/jackson-mark-executive-authority-forgive-student-loans-not-simple/

    "Superficially, the question seems a simple one. Everyone agrees that
    the Secretary of Education is empowered to make adjustments on federal
    student loans. The debate turns on the precise meaning of provisions of
    the Higher Education Act of 1965 (HEA) which confer upon the Secretary
    the power to “consent to modification” of, and to “compromise, waive, or release,” amounts due on certain student loans. These powers are often referred to as the Secretary’s “compromise authority.”

    Advocates of broad executive authority to forgive student loans see in
    these provisions unbridled discretion—that is, plenary compromise
    authority. Under this view, the Secretary can forgive any amount of
    student debt, including debts of borrowers perfectly capable of repaying
    their loans.

    The alternative—and traditional—view is that these provisions grant only constrained compromise authority, available where borrowers lack the
    financial capacity to service their student loans or other equitable considerations warrant debt relief."

    Here's part the SCOTUS majority took on:

    "Similarly, the word “modify” can connote modest adjustments, although
    it might also be understood to embrace full forgiveness."

    But nothing in between, says Roberts.

    "This kind of indeterminacy might lead some lawyers to conclude that the
    courts should defer to the Secretary’s own interpretation of the
    language, thus allowing Cardona to embrace plenary compromise authority."

    Follow the link for good arguments for and against, a prescient
    consideration of a court battle and a recommnendation.

    --- SoupGate-Win32 v1.05
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  • From ScottW@21:1/5 to All on Sat Jul 1 08:51:34 2023
    On Saturday, July 1, 2023 at 8:41:56 AM UTC-7, mINE109 wrote:
    On 7/1/23 10:01 AM, ScottW wrote:
    On Saturday, July 1, 2023 at 5:42:29 AM UTC-7, mINE109 wrote:
    On 6/30/23 10:51 PM, ScottW wrote:

    What you won't hear is that everyone, including Joe knew this. It
    was all a ploy to influence an election. And it worked. After the
    stupid gullible young college debtors get the rug yanked out from
    under them, Joe will just blame those damn republican appointed
    justices for adhering to the constitution when it comes to
    appropriations.
    The decision relies on tortured logic in applying an excluded middle
    reading of "modify or waive."

    It's not even clear congress can grant that in their poorly written law without going through the constitutional amendment process.
    "Modify or waive" (or "amend or waive") is standard language for laws
    and there's nothing unConstitutional about the executive choosing how to perform legislatively authorized tasks:



    https://www.law.cornell.edu/uscode/text/42/5141

    Any Federal agency charged with the administration of a Federal
    assistance program may, if so requested by the applicant State or local authorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions
    is a result of the major disaster.

    and you complain about my gibberish.....

    This sounds like their talking about gov'ts ability to grant loans....not the responsibility of the recipients to pay them.

    Are you still paying off your student loans? That explains your desperation.

    ScottW

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From mINE109@21:1/5 to ScottW on Sat Jul 1 11:13:43 2023
    On 7/1/23 10:51 AM, ScottW wrote:
    On Saturday, July 1, 2023 at 8:41:56 AM UTC-7, mINE109 wrote:
    On 7/1/23 10:01 AM, ScottW wrote:
    On Saturday, July 1, 2023 at 5:42:29 AM UTC-7, mINE109 wrote:
    On 6/30/23 10:51 PM, ScottW wrote:

    What you won't hear is that everyone, including Joe knew
    this. It was all a ploy to influence an election. And it
    worked. After the stupid gullible young college debtors get
    the rug yanked out from under them, Joe will just blame those
    damn republican appointed justices for adhering to the
    constitution when it comes to appropriations.
    The decision relies on tortured logic in applying an excluded
    middle reading of "modify or waive."

    It's not even clear congress can grant that in their poorly
    written law without going through the constitutional amendment
    process.
    "Modify or waive" (or "amend or waive") is standard language for
    laws and there's nothing unConstitutional about the executive
    choosing how to perform legislatively authorized tasks:



    https://www.law.cornell.edu/uscode/text/42/5141

    Any Federal agency charged with the administration of a Federal
    assistance program may, if so requested by the applicant State or
    local authorities, modify or waive, for a major disaster, such
    administrative conditions for assistance as would otherwise prevent
    the giving of assistance under such programs if the inability to
    meet such conditions is a result of the major disaster.

    and you complain about my gibberish.....

    Should I add your reading comprehension to the complaint?

    This sounds like their talking about gov'ts ability to grant
    loans....not the responsibility of the recipients to pay them.

    Loan repayment is part of that. Lifting payment requirements is
    'assistance.'

    Are you still paying off your student loans? That explains your
    desperation.

    Long ago paid.


    ScottW

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