The 14th Amendment, the Debt Ceiling and a Way Out

[Roland99]

Published: July 24, 2011

http://www.nytimes.com/2011/07/25/us/politics/25legal.html

...

“I have talked to my lawyers,” Mr. Obama said. “They are not persuaded that that is a winning argument.”

Adding another element of uncertainty, and possible court battles, to the debate do not seem to appeal to the White House. And it is, in any event, not clear that the nation’s creditors would continue to lend money to the United States were the president to take unilateral action.

The provision in question, Section 4 of the amendment, was meant to ensure the payment of Union debts after the Civil War and to disavow Confederate ones. But it was written in broader terms.

...

Professor Balkin agreed. “This is largely a political question,” he said. “It is unlikely courts would decide these questions.”

a "nuclear option", if you will?

[Squinch]

1. He's already said he's not going to use it, and I think he's right not to.

It's kind of outside the rules of governing, and he is determined to preserve the rules of governing in the face of this attack. I think he's right to insist on that.

[FarCenter]

2. He'll say that right until he uses it.

[Roland99]

3. But can it be used as a negotiating point?

keep it in the background. Call the GOP bluff.

[lostincalifornia]

4. That was his first term, and they would have impeached. However, now there is nothing to lose, and

to prevent the country from going into a full scale depression, I believe if the republicans don't raise the debt ceiling, he will use it

I also believe they will impeach him for it, but they cannot convict

[Squinch]

6. I might be mistaken in this, but didn't he just reiterate it recently?

[lostincalifornia]

8. I don't know. I am just speculating of course.

[Bjorn Against]

5. I think he will only use it as a last resort

If it comes down to a choice between invoking the 14th and watching the nation default however I think he will choose the 14th.

[kentuck]

7. Never, never, never....

take anything off the table with these rascals.

[Samantha]

9. I think there are Republicans who hope he will use it so they can label it

a high crime or misdemeanor .... I also think President Obama probably sees the possibility as well.

Sam

[Roland99]

10. He's apparently keeping it as an option....

http://www.democraticunderground.com/1014612120