The 14th Amendment, the Debt Ceiling and a Way Out
By ADAM LIPTAK
NYT
WASHINGTON — A few days ago, former President Bill Clinton identified a constitutional escape hatch should President Obama and Congress fail to come to terms on a deficit reduction plan before the government hits its borrowing ceiling.
He pointed to an obscure provision in the 14th Amendment, saying he would unilaterally invoke it “without hesitation” to raise the debt ceiling, “and force the courts to stop me.”
On Friday, Mr. Obama rejected the idea, though not in categorical terms.
“I have talked to my lawyers,” Mr. Obama said. “They are not persuaded that that is a winning argument.”
(More here.)
NYT
WASHINGTON — A few days ago, former President Bill Clinton identified a constitutional escape hatch should President Obama and Congress fail to come to terms on a deficit reduction plan before the government hits its borrowing ceiling.
He pointed to an obscure provision in the 14th Amendment, saying he would unilaterally invoke it “without hesitation” to raise the debt ceiling, “and force the courts to stop me.”
On Friday, Mr. Obama rejected the idea, though not in categorical terms.
“I have talked to my lawyers,” Mr. Obama said. “They are not persuaded that that is a winning argument.”
(More here.)
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2 Comments:
I agree with former President Bill Clinton, yes the National Debt Ceiling can be justifiably increased by the President invoking Section 4 of the Fourteenth Amendment..According to one Constitutional scholar, professor Jeffrey Rosen, "There's just one Supreme Court case that seems to cast light on the question of language of the fourteenth amendment, specifically Section 4 of said amendment concerning the National debt clause...The case was called "Perry vs. United States,1935." In that case, the Supreme Court seem to argue that this debt clause should be interpreted broadly rather than narrowly..Supporters are swaying towards that language to say we should not construe the debt clause strictly, but instead, construe or interpret it expansively or broadly..
Senator Benjamin Wade of Ohio, who was instrumental in drafting the proposed language which became the basis of the current Section 4, read as follows:"The public debt of the United States, including all debts and obligations which have been or may hereafter be incurred in suppressing the insurrection or in carrying on war in defense of the Union, or for payment of bounties or pensions incident to such war, and provided for by law, shall be inviolable." Senator Wade's explanation of his proposal follows:"This amendment concerning occurred debt under the guardianship of the Constitution of the United States is proposed so that a Congress cannot repudiate it." He further states that"I believe that to do this will give great confidence to capitalists and will be of incalculable pecuniary benefit to the United States, for I have no doubt that every man who has property in public funds will feel safer when he sees that the National debt is withdrawn from the power of a Congress to repudiate it, and placed under the guardianship of the Constitution, that he would feel if it were left at loose ends, and subject to the varying majorities which may arise in Congress..
This section of the Fourteenth Amendment goes further and secures the pensioners of the country.."We ought to do something to protect those wounded patriots who have been stricken down in the cause of their country, and put the security of their pension and their means of support beyond the power of wavering majorities in Congress, who may at some time, perhaps, be hostile to the soldier..I am anxious to put the pensions of our soldiers and their widows and children under the guardianship of the Constitution of the United States..They ought to be there, along with your public debt." God bless the insight of Senator Benjamin Wade, and God bless America!!
I agree with former President Bill Clinton, yes the National Debt Ceiling can be justifiably increased by the President invoking Section 4 of the Fourteenth Amendment..According to one Constitutional scholar, professor Jeffrey Rosen, "There's just one Supreme Court case that seems to cast light on the question of language of the fourteenth amendment, specifically Section 4 of said amendment concerning the National debt clause...The case was called "Perry vs. United States,1935." In that case, the Supreme Court seem to argue that this debt clause should be interpreted broadly rather than narrowly..Supporters are swaying towards that language to say we should not construe the debt clause strictly, but instead, construe or interpret it expansively or broadly..
Senator Benjamin Wade of Ohio, who was instrumental in drafting the proposed language which became the basis of the current Section 4, read as follows:"The public debt of the United States, including all debts and obligations which have been or may hereafter be incurred in suppressing the insurrection or in carrying on war in defense of the Union, or for payment of bounties or pensions incident to such war, and provided for by law, shall be inviolable." Senator Wade's explanation of his proposal follows:"This amendment concerning occurred debt under the guardianship of the Constitution of the United States is proposed so that a Congress cannot repudiate it." He further states that"I believe that to do this will give great confidence to capitalists and will be of incalculable pecuniary benefit to the United States, for I have no doubt that every man who has property in public funds will feel safer when he sees that the National debt is withdrawn from the power of a Congress to repudiate it, and placed under the guardianship of the Constitution, that he would feel if it were left at loose ends, and subject to the varying majorities which may arise in Congress..
This section of the Fourteenth Amendment goes further and secures the pensioners of the country.."We ought to do something to protect those wounded patriots who have been stricken down in the cause of their country, and put the security of their pension and their means of support beyond the power of wavering majorities in Congress, who may at some time, perhaps, be hostile to the soldier..I am anxious to put the pensions of our soldiers and their widows and children under the guardianship of the Constitution of the United States..They ought to be there, along with your public debt." God bless the insight of Senator Benjamin Wade, and God bless America!!
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