More support for using the 14th amendment

I'll keep this short.

The Debt Titanic


"One is raising the debt ceiling before the Aug. 2 deadline on a temporary basis for some weeks or months and borrowing the shortfall to pay bills. This would enable a less pressured discussion over time. Second, failing that, President Obama should unilaterally raise the debt limit using problematic Constitutional language that prohibits the U.S. from defaulting on financial obligations. While this might well be challenged, at least it will buy time for more reason in Congress."

Can the Constitution prevent debt ceiling catastrophe?

"That last argument -- what is "good for the country" -- would almost certainly be part of any federal court decision on this issue and it would likely look at it this way: no matter how the language reads and no matter how we understand it to be applied in this circumstance, the size, scope, and particulars of the national budget are without a doubt a "political question." In other words, a decision best left to the branches elected by the people, not the judiciary."

14th Amendment: If Obama Opted For Constitutional Option, Legal Challenge Would Be Hard

But if the country is about to go into default, the temptation to act to avert calamity will grow. Legal experts say if the president were tempted to act unilaterally he might escape without his actions being overturned in court.

Regardless of how controversial a 14th Amendment maneuver might be, a legal challenge would be very hard to mount and so far, no one has stepped forward to say they would challenge him in court.

Nor has anyone said they would sue him if he took the alternative, equally controversial, step of using his broad authorities as guardian of the constitutional order to unilaterally raise the borrowing threshold.