This from Politico of all places, I fully expect Obama to attempt to use the 14th amendment to raise the Debt Ceiling, even tho the Constitution plainly says in Article I Section 4 of the Constitution that Congress “shall have the power . . . to borrow money on the credit of the United States.”, “the validity of the public debt of the United States, authorized by law . . . shall not be questioned.”…so whom is “authorized by law”? …Congress that’s who, not the President. So the President has NO authority under the 14 amendment or the Constitution to raise the debt ceiling on his/her own…..NONE!
“The validity of the public debt of the United States, authorized by law … shall not be questioned,” reads the 14th Amendment to the U.S. Constitution. The upcoming fight to raise the national debt ceiling has again pushed the clause into the spotlight. Here is some important recent history on the issue:
1. In July 2011, former President Bill Clinton said he would use the 14th Amendment to raise the national debt ceiling “without hesitation, and force the courts to stop me” if a default was in sight. It’s “necessary to pay for appropriations already made, so you can’t say, ‘Well, we won the last election and we didn’t vote for some of that stuff, so we’re going to throw the whole country’s credit into arrears.’”
2. House Minority Leader Nancy Pelosi has put her support behind unilaterial presidential action on the debt ceiling by using the 14th. “I would just go do it. But the Congress has incurred much of this debt. And so what are you saying, we incurred it but we’re not going to pay it?” Pelosi said.
3. The White House has looked into the 14th Amendment option, but President Barack Obama ruled out it out during the most recent debt ceiling debate in 2011. “I have talked to my lawyers,” Mr. Obama said. “They are not persuaded that that is a winning argument.”
4. In 1935, the Supreme Court took up the public debt issue and said only that Congress cannot “alter or destroy” incurred debts.
5. It’s likely the Court wouldn’t take up the case if the president unilaterally raises the debt ceiling, but the justices would rule in “a lopsided margin” for Obama if he were challenged, according to The New Republic.
6. There’s little doubt the 14th Amendment option would infuriate Republicans in Congress. In 2011 debt ceiling fight, Texas Sen. John Cornyn, now the Senate’s No. 2 Republican, said it was “crazy talk.”