Some suggest Obama invoke 14th Amendment to overrule Congress

Albuquerque Express Friday 1st July, 2011

• 14th Amendment gives White House authority to over-ride Congress' debt ceiling

• Some experts argue President Obama should use amendment to prevent default

• US government now almost US $200 billion over legal limit

With the US nearing a default on payments if Congress does not raise the debt ceiling, some analysts are suggesting President Obama invoke Amendment 14 to overrule the nation’s legislature.

The United States public debt is now almost US $200 billion over the limit imposed by Congress, according to the Web site US Debt Clock.Org. The nation’s current debt is US $14.46 trillion, while the legally-imposed debt limit is US $14.28 trillion.

If the US Congress does not raise the debt limit, the IMF has warned the country may lose its coveted AAA debt rating, while the shock to the economy could be severe to catastrophic.

With negotiations in Congress stalling, some legal experts have suggested President Obama over-ride the debt ceiling entirely, calling the legal limit imposed by Congress unconstitutional.

Legal scholar Garrett Epps and fiscal expert Bruce Bartlett have both pointed out that the White House, the executive, has the constitutional power to over-ride Congress.

“It's not hard to argue that the Constitution places both payments on the debt and payments owed to groups like Social Security recipients...above the vagaries of Congressional politics,” Epps wrote in the Atlantic magazine.

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Comments

invoke the 14th and make the GOP EAT DIRT

geo111 - 1 year ago

i think its a good idea the gop dosent want to do anything but see obama fail.tax cuts for the rich is all they care about.and tax the middle class

toynazi - 1 year ago

We would not need to raise the debt ceiling if the Dems were more fiscally conservative. Our problem: our country is going broke because we do not produce enough for how much we consume. Printing more money willey-nilley cannot be the answer.

AmericanFlag - 1 year ago

Interesting that it is Democratic Senators like Schumer who are calling on the President to use the 14th Amendment to declare the debt ceiling unconstitutional. this is a law originally passed by a Democratic Congress and signed by Democratic Presidents. If the Democrat Senators think this law is unconstitutional, they should admit their mistake and repeal the law themselves. However , once the debt ceiling law is repealed, that means there would be no legal limits on US government debt. Anyone want to guess what institutions and countries who own our debt would think about that? By the way, the same thing would happen if the President declares the debt ceiling unconstitutional and says he is not bound by it. Once that genie is out of the bottle , there is no putting it back.

ejhickey - 1 year ago

Interesting that it is Democratic Senators like Schumer who are calling on the President to use the 14th Amendment to declare the debt ceiling unconstitutional. this is a law originally passed by a Democratic Congress and signed by Democratic Presidents. If the Democrat Senators think this law is unconstitutional, they should admit their mistake and repeal the law themselves. However , once the debt ceiling law is repealed, that means there would be no legal limits on US government debt. Anyone want to guess what institutions and countries who own our debt would think about that? By the way, the same thing would happen if the President declares the debt ceiling unconstitutional and says he is not bound by it. Once that genie is out of the bottle , there is no putting it back.

ejhickey - 1 year ago

President Obama needs to formally state that he will invoke the 14th Amendment on July 25 if their is no resolution on raising the debt ceiling. The Republicans obviously have no intenetion of negotiating in good faith.

jdshaw - 1 year ago

If Obama invokes the 14th amendment, he will guarantee his re-election. The only thing that the Republicans can due is sue in court and esentially ask the courts to allow the US to default on its obligations. That would not be a very pretty picture for the party of "NO." They would have to turn into pretzels in order to spin it. Meanwhile, the Republicans would have ceded almost all of their leverage in future budget negotiations and Boener and Canter would be out of the leadership in the next congress. Certainly, its risky, but the rewards for the Dems are legend!

neilfreedom - 1 year ago

Remember Cheney saying "Deficits don't matter?" Remember George W. blowing the Clinton surplus with tax cuts for the rich? How about the Medicare drug enhancement by Georgie Porgie, without any attempt to pay for it? You stupid idiots swallow the propaganda put out by the lying Conservatives, whose only purpose is to please their sugar daddies and corporate america. The Conservatives don't care about you, you can starve to death for all they care. Obama is trying to make life better for the middle and lower classes, and yet so many of you are too stupid to realize it. God help us if the Democrats don't regain control of the House in 2012. Nitwits, how can you vote for those who want to kill Midicare, Social Security, Medicade, Pell Grants, WIC, and give tax breaks to the supremely wealthy, the oil industry, and corporations that pay no taxes and move jobs overseas?

Bob Taylor - 1 year ago

I ditto, Bob Taylor. It's time to send the conservatives and GOP evildoers to their doom. It's time, also, that they get flushed away with their inhumane, un-American, bordering on treason, rhetoric and power-hungry greed.

NewsBug - 1 year ago

If you stop being fan-boys of one side or the other you will note the 5th section to the 14th amendment. It is very clear that Congress is responsible for the enforcement of this amendment, by legislation. As they are doing now with the budget talks. As with the rest of the Constitution it takes more then the President to change it. It takes 3/4th of States to amend it. But if being a blow hard about "the other guys" makes you feel good please speak up and remove all doubt.

Reader510 - 1 year ago

Have you liberal idiots not figured out that this country is broke and if we don't take steps to cut spending significantly we WILL fail. The GOPs are not the problem--it is the tax and spend DEMs. If the DEMs would agree to real spending cuts, we could move on with increasing the debt ceiling - BUT NOOOOO - liberals want their cake and eat it too.

saxman - 1 year ago

Or the Pres could decide to only pay the debts that we have incoming cash to pay for. If it was me, I'd extract a little revenge. Those without government programs are those who don't want to play nicely. For instance, the voters in Eric Cantor's district could be the ones who don't get their social security checks.

BestGran3 - 1 year ago

Saxman - what spending cuts do you want them to enact?

BestGran3 - 1 year ago

Well, I guess we'll see what happens?? But I think it's already been decided in NewYork that if the budget includes cuts to Social Security and Medicare the GOP will be voted out, so I guess they really don't plan on keeping their jobs.

this old vet 50 - 1 year ago

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