Is the 14th Amendment a Way Out for Obama?

Sat Jul 30, 2011 by on Florida Law News

As we race closer and closer to crashing the debt ceiling like Willy Wonka in the Chocolate Factory skyrocketing in his glass elevator, many concerned Americans are urging President Obama take matters into his own hands by invoking the 14th Amendment.

The critical portion of the 14th Amendment to this crisis is Section 4, which reads in pertinent part:

“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.”

Former President Bill Clinton and House Minority Whip Steny Hoyer have both come out publicly in favor of the President using this power. It would seem a bit odd for Congress to pass budgets and bills which create contractual obligations to then renege on such legally valid claims. These claims include pensions and wages to our soldiers and retirees, interest on the debt, as well as claims to third party venders who protect our shores and manufacture our tanks and aircraft.

So here’s your chance to be a Constitutional scholar.

Do you think Section 4 of the 14th Amendment authorizes the President to unilaterally raise the debt ceiling without the approval of Congress?

And if it does, should the President invoke this Section and thus require the Supreme Court to be the ultimate arbiter?

Let us know what you think!

4 responses to “Is the 14th Amendment a Way Out for Obama?”

  1. LPS says:

    I’d prefer that the two parties come to a compromise, but very very sadly, the tea party minority will prevent this from ever happening, so YES, I’d vote that the president take matters into his own hands!!

  2. Bill Uscher says:

    If legal the president should certainly invoke the 14th amendment.  Has the supreme court ever ruled on this and has any other president invoked the 14th.

  3. […] South Florida Law Blog Filed Under: Foreclosure Law News, Foreclosure News Tagged With: Florida, foreclosure, fraud, […]

  4. Abreu08 says:

    I do agree, the health of our nation must be above any political interest of group of wolves.