House Democrat: If Republicans Hold Debt Ceiling Hostage, Invoke 14th Amendment To Raise It

[BlueStreak]

2. A minor quibble with their terminology

The President wouldn't use the 14th Amendment to "raise" the debt ceiling. He would simply make the argument that, because of the 14th Amendment, which declares all public debts are valid, that the concept of a debt limit is unconstitutional. In other words, POTUS would simply ignore the debt ceiling and carry on.

If Congress doesn't like that, they would have to take the case to the SCOTUS. By the time the SCOTUS heard the case, we would be well past the number in the Congressional debt limit, so that would give SCOTUS a very unpleasant choice:

a) declare the debt limit unconstitutional, thereby removing this as a leverage point forever; or

b) causing the shutdown of the government.

When it comes down to it, I think the SCOTUS would declare it unconstitutional because it is, and because they want no part of being blamed for a government shutdown. Further, I think the GOP would realize that either outcome is a big loser for them because Obama would be able to use the bully pulpit to make sure everybody blames the out-of-control teabaggers who already enjoy a whopping 10% favorability rating.

So the simple threat of invoking the 14th would take this leverage completely out of the GOP's hands.

It is absolutely insane -- really stupid negotiating strategy, to take this off the table. Even if Obama doesn't really want to go that path, a good negotiator makes his opponent game-plan for all the possibilities.