Obama 14th Amendment
July 27, 2011 by USA Post
Obama 14th Amendment, Democrats are urging President Barack Obama to use an untested legal option to unilaterally raise the debt ceiling if the Republicans in Congress do not agree on a long-term plan to avoid U.S. default in the coming days. “We’re getting to the time of decision,” said Rep. John Larson, D-First District, told reporters after a closed-door meeting with the Democratic caucus. “We must have a safety mechanism. We believe that the security mechanism is the 14th Amendment and the President of the United States.”
Included in Amendment 14 is a little known provision that goes back to the end of the Civil War. He claims that the “validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties in suppressing insurrection or rebellion, shall not be questioned.”
It was designed to ensure that union dues would be paid after the Civil War. However, some scholars have suggested the amendment – including the last four words stating that the validity of the debt “shall not be questioned” – gives Obama the authority to raise the debt ceiling on their own, without approval Congress. Others have questioned and the debate has grown especially among law professors and legal scholars looking at the political paralysis of Washington from the sidelines.
However, Larson and other Democrats nail house in the center of attention today, saying it is a legitimate option, live the president should consider – even though Obama himself has already said he does not want to go that path. Larson, chairman of the House Democratic Caucus, said the caucus embraced the idea of?? Pushing Obama to use the 14th Amendment as a fallback plan if no acceptable agreement emerges from the House or Senate in the coming days.
“Jim Clyburn mentioned it,” Larson said, referring to the number three Democrat leader, a congressman from South Carolina. “He has a big round of applause.”
Larson and others explained that they only think of Obama should invoke the 14th Amendment if presented with an unacceptable debt ceiling plan – including a short-term rise in the debt ceiling and extend the economic uncertainty now hanging over the country.
“The Republicans have led us to the twilight zone,” said Rep. Xavier Becerra, Democrat of California, vice president of the caucus. “We’ve never been here before.
“What we’re saying the president is…” Republicans, for their failure, have given license to do whatever it takes to not let down the American family into this abyss, “he said.
The decision by House Democrats to highlight the constitutional option is presented, as the stalemate in Congress seemed to intensify in the last 24 hours. On Monday, House Speaker John Boehner, outlined a plan of debt reduction that would pave the way for an increase in the debt ceiling in a two-step process.
But the White House threatened to veto the measure, and Boehner has not even been able to bring his own Republican Party conference around. Republican leaders pulled the measure from a planned House vote on today, as Boehner tried to reinforce the support of House Republicans. Republican leaders have said they will vote on Thursday.
In the Senate, meanwhile, Harry Reid, D-Nev., Also presented a plan to raise the debt ceiling and 2.7 trillion, and the corresponding level of cuts. But it is envisaged that the proposal for a full Senate vote, a sign that not even the 60 votes needed to overcome a Republican filibuster possible.
Reid told a news conference on Wednesday that even if the Boehner plan passes the House, will leave the Senate. “Every Democrat voted against it, if we do it tonight or tomorrow or Friday,” said Reid.
But he said he would wait to see how things develop in the home before scheduling a debate in the Senate on its own measure.
Larson said the House Democrats overwhelmingly support the plan of Reid, when it came time to vote in that chamber. “A plan, Harry Reid will probably happen here more than 180 Democratic votes to go to the president,” said Larson.
But it is unclear if the leaders of the House GOP could lead to a vote, said Larson. And uncertainty and paralysis continues, the option Amendment 14 to be front and center.
“We do not know what the other will do,” Larson said, referring to the Republican House of disorder on its own debt ceiling plan. “They have moved away from everything, including the proposal of its own leader.”
Obama has said he does not invoke the 14th Amendment. He said his lawyers have sought and did not think it’s a “winning argument.”
Larson acknowledged the opposition from the White House. However, he said, “circumstances may change. We just want to let you know that your bank is willing to stand behind him” if the clause is invoked.
Other members of the Connecticut delegation expressed concern and uncertainty about the idea of?? A constitutional option.
Rep. Jim Himes, D-Fourth District, said it is unclear how courts might react to such legal move. “I do not know how markets can be treated, and that is somehow more of a concern,” said Himes. The former chairman of investment bank Goldman Sachs said that if Obama is using questionable legal tactics to the U.S. maintain the cessation of payments, may not provide the kind of economic security that Wall Street is looking for from Washington.
“It is not clear to me that the markets under these circumstances, consider the U.S. debt as a really clean,” he said. “So I see this as a backup in case of complete failure by Congress to do what they should have done long ago.”
Senator Richard Blumenthal, a Democrat from Connecticut and life in general prosecutor, said there is a clear issue, but should not be discarded.
“It’s a constitutional issue that would require a study, but it is an open question,” he said. “I do not rule it out automatically. It might be something that certainly could address the real crisis facing the catastrophe.”
Reid, meanwhile, demurred on whether the White House should take a look at Amendment 14, as the stalemate in Congress continues. “That depends on them,” said Reid. “I will not give advice about a legal problem.”
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