"I have talked to my lawyers. They are not persuaded that that is a winning argument,"

"I have talked to my lawyers. They are not persuaded that that is a winning argument,"

Obama

14th Amendment May Allow Obama To Raise Debt Ceiling Without Congress

It appears Obama may have found a means of raising the debt ceiling outside the scope of GOP authority. ”There’s one thing that hasn’t been talked about yet, and I haven’t checked on the constitutionality of it — and I read the Constitution, but I don’t remember reading this — but in the 14th amendment, there’s something that says something about the debt of the United States government shall be honored,” Senator Chuck Grassley (R-IA) was heard saying on a phone call recording. “The 14th Amendment includes a public debt clause that insists the obligations of the government ‘shall not be questioned.’”

Section 4 of the 14th Amendment to the US Constitution
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.

So is the option viable? Most definitely, claims former President Bill Clinton, who said Monday that he would use it “without hesitation, and force the courts to stop me,” if congress fails to raise the debt ceiling by August 2nd. Obama, on the other hand, thinks not. “I have talked to my lawyers. They are not persuaded that that is a winning argument,” the president said. This repudiation does not establish the proposition’s permissibility, nor was it necessarily absolute.

Determining legality of the recourse depends on how two imperative questions will be answered: Does it prevent congress from refusing to raise the debt ceiling? Does it authorize the president to keep paying debts regardless of what congress does?

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