With the debt ceiling debacle of 2011, and again in 2013, the relevance of the 14th Amendment to the Constitution became a popular discussion topic.
Section 4 of the Amendment says:
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
The debate over the amendment and how it could be applied today was summarized by Sean Wilenz, a Princeton University history professor, writing for the New York Times on October 7, 2013.
In the piece, Wilenz agrees with President Obama's view that "the 14th Amendment does not give the president the power to raise the debt limit summarily."
He goes on to suggest what the President can do. I think there's an option that's wiser and more prudent and something that the President would consider. But first, here's the two-step process Wilenz suggests:
First, the president can point out the simple fact that the House Republicans are threatening to act in violation of the Constitution, which would expose the true character of their assault on the government.
Second, he could pledge that, if worse came to worst, he would, once a default occurred, use his emergency powers to end it and save the nation and the world from catastrophe.
Wilenz is correct to point out that the Republicans in Congress are acting in violation of the Constitution. By modifying his suggestion, the President could take action while remaining true to the amendment's original purpose and use.
Hear me out for an approach that would be less risky than relying on a new and untested interpretation of the amendment or acting unilaterally and it would directly address the issues at hand. The President is in a very tough spot. The entire future of the United States is at stake but he has no precedent for what must be done. And even though there are no footsteps to follow, what must be done must be done.
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