As Republican criminal blackmail of America continues to push us to the edge, only two days out from the deadline, Democrats from across the political spectrum are calling on Barack Obama to invoke a Constitutional option, because the 14th Amendment contradicts the existence of a debt ceiling. That option could be hugely problematic, depending on how Obama were to carry it out.
House Minority Leader Nancy Pelosi (D-Calif.) may not be pushing the issue publicly, but in private she "clearly" supports President Barack Obama using the Constitution to raise the debt ceiling as a last resort, according to one Democratic member of Congress.
"Nancy clearly wants it," said the lawmaker, who requested anonymity. "Publicly? No. Privately? She thinks the president should do it. Period."
Several top Democrats have endorsed the idea in recent days as an eleventh hour solution: House Minority Whip Steny Hoyer (D-Md.) backed the option on Wednesday, and House Democratic Caucus chairman John Larson (D-Conn.) and Assistant Minority Leader James Clyburn (D-S.C.) emerged from a Monday Caucus meeting announcing their support for the idea as well.
But Pelosi, the highest-ranking House Democrat, has been mum. One possible reason is that she has to preserve the image that Congress will reach a deal before the situation even gets to that point.
The provision at the heart of the constitutional debate, Section 4 of the 14th Amendment, states: “The validity of the public debt of the United States, authorized by law, including debts incurred for payments of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.” Essentially, Democrats are arguing that since the "public debt" cannot be questioned, then the debt ceiling itself is unconstitutional… [emphasis added]
Inserted from <Huffington Post>
Here’s the problem. The Constitution places the determination of what is or is not Constitutional in the Supreme Court’s purview. Then the courts are responsible for providing court orders to the Executive branch to enforce court rulings. No court has ruled on this issue. So to correctly base action on the 14th, Obama would have to file for a court order to raise the debt ceiling. Whatever the federal court decided would be appealed by the losing side to the Court of Appeals, and their decision, to the Supreme Court. God only knows what the five fascist SCROTUS Injustices might decide. However, there is another way.
Obama could wait until we reach a state of emergency, and use the 14th as the rationale for issuing an executive order to the Treasury Department to ignore the debt ceiling, under the doctrine that the President has extraordinary powers to safeguard the nation in times of emergency.
It is clear that Obama does not want to do either, and I understand why. For many days I have struggled to find articles on other subjects, but the Republican hostage crisis has sucked all the oxygen out of the room. This single issue has prevented government from working on anything else. Interpret that as JOBS! Obama wants this issue behind him until 2013. If Obama does opt for a Constitutional solution, it will invoke a Constitutional crisis, likely leading to an impeachment attempt. This would result in more weeks or months with the nation’s business playing second fiddle to Republican scheming. That is what Republicans want. That is what Obama wants to avoid.
We may well see Republicans strut up to their microphones on August 3 to say. “See? The sky didn’t fall after all.” If so, they will be lying. Forces will have been set in motion, but the consequences take a while to arrive. If Republicans cause default, it is imperative that Obama invoke a Constitutional option the second consequences are evident, if not before.
18 Responses to “A Constitutional Option?”
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Personally I do believe that invoking article 4 of the 14th amendment to the constitution wouls actually be illegal unless a civil insurrection arose and the money was needed to pay of rioting gray hairs over Social Security payments.
BUT
If congress refuses to pass legislation by Tue. 11:59,59 I believe article 3 of the 14th amendment would allow the president (even though he doesn’t have the stones for it wither) to arrest the congress for deriliction and defiance of their oath of office.
3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
BY NOT passing legislation to uphold the 4th article they are promoting civil unrest and engaging in sedition.
By holding the economy hostage and putting their misuse of public funds over the past thirteen years they have also promoted civil unrest and disorder and not complied with their oath of office. By selling out to corporate interests they have not upheld their oath of office.
Now I personally believe that Obama could have Clarence Thomas particularly arrested under the 3rd clause but then a couple of the other of the gang of 5 may be subject to it as well.
But then a republican president would never do that to his allies. Yes he put SS, Medicare and Medicaid on the table just like the Republicans demanded and I believe I made this prediction a few months ago BEFORE he did it.
I highly recommend reading what the opposition strategy (Democrat) used against Hoover in the run up to the 1932 campaign. It reads like this may be where the Republicans got their playbook from.
I don’t think he’s going to have a choice on this. If we default on our debt, no one will lend us money to pay our bills. That’s bigger than a Constitutional crisis. If the Repubs bring impeachment heaarings, they won’t have the votes to convict him.
Do you have a link for that, Mark?
http://www.shmoop.com/constitution/14th-amendment.htmlIt says what it says which as ever is more and beyond what the original intent was interpreted to mean.I agree, but look at section 5.
What they are doing to our country is nothing short of treason. They are attempting to destroy the USA from within. Maybe Kruschev was right way back when.
Sedition, Patty. Treason requires a declared war.
“……… Capitalism has developed concentration to such a degree that whole branches of industry have been seized by syndicates, trusts and associations of capitalist billionaires, and almost the entire globe has been divided up among the “lords of capital, either in the form of colonies, or by enmeshing other countries in thousands of threads of financial exploitation. Free trade and competition have been superseded by the striving for monopoly, for the seizure of territory for the investment of capital, for the export of raw materials from them, and so forth. From the liberator of nations that capitalism was in the struggle against feudalism, imperialist capitalism has become the greatest oppressor of nations. Formerly progressive, capitalism has become reactionary; it has developed the forces of production to such a degree that mankind is faced with the alternative of going over to Socialism or of suffering years and even decades of armed struggle between the “great powers for the artificial preservation of capitalism by means of colonies, monopolies, privileges and national oppression of every kind.”~~~~~ V.I. Lenin, around 1910. ❗
I have to say that we practice Capitalism to the same extent that Stalin practiced Communism. If Adam Smith could see what we now call Capitalism, he would have to move. His casket would be full of crap.
The President has an obligation to act on behalf of the American people, for their best interests. Certainly he should use the Constitution to do that.Let the Republicans take him to court. He could lose because of the conservative slant of the court, but the people will see he was acting for their interests and it will not hurt his election win. Even conservatives know the debt ceiling has to be raised for the financial security of the nation.
I hope the people still so.
The president should use all options available to him. Pandering to the Right is like herding cats and is clearly ineffective. Good post as always Tom.
Thanks Mike. It only invites more blackmail.
Interestingly enough SCOTUS did rule once on 14th Amendment’s public debt clause 76 years ago in Perry v. United States. But it only ruled that the clause affirmed the principle that Congress may not “alter or destroy” any debts that have already been incurred.” Not much to hang out hat on for today’s crisis.
The real rub of trying to use Article 4 of the 14th is that Congress – and Congress alone – is granted the Constitutional power “to borrow money on the credit of the United States.”
It’s all very depressing, and I don’t see a deus ex machina on the stage that’s going to swoop down and save us. We have now become a nation ruled by those who scream the loudest.
Your observation is too good.
Congress has failed to act and that requires the president to act. This is a Constitutional emergency. The Repubs will have a very weak case in bringing charges of impeachment – and the don’t have the votes. It’s the only option left to prevent a default.
I’m with you, Lisa! I think it’s about the only thing that can be done. I haven’t liked any of the other stuff they have put out there and if they, the GOP, want to play that “impeachment” game, I think their little party, in the long run, won’t survive it! 👿
It may be moot.