Rep. Tim Scott Floats Impeachment If Obama Invokes 14th Amendment On Debt Limit (VIDEO)

WASHINGTON -- While some have asserted that the debt limit might be unconstitutional under the 14th Amendment, and therefore President Obama does not need congressional approval to raise it, Republicans have been quick to express skepticism over the idea. On Tuesday, a Republican congressman went a step further, saying that if Obama were to use that argument to bypass Congress on the issue, it would be an impeachable offense.

"This president is looking to usurp congressional oversight to find a way to get it done without us. My position is that is an impeachable act from my perspective," said Rep. Tim Scott (R-S.C.) at a meeting sponsored by the Tea Party group LowCountry 9.12 Project on Tuesday, first reported by Lindsay Street on Summerville Patch.

His comments were met with enthusiastic applause.

"There are a lot of things people say, 'Are you going to impeach the president over that?' -- No. But this? This is catastrophic," continued Scott. "This jeopardizes the credibility of our nation if one man can usurp the entire system set up by our founding fathers over something this significant."

Obama doesn't appear to be looking at ways to "usurp congressional oversight" on the debt ceiling. During his Twitter town hall on Wednesday, the president was asked whether he would consider invoking the 14th Amendment to pay government obligations if Congress refuses to raise the debt ceiling.

Obama did not rule out such an option, but he did insist that the situation should not get to a place where such drastic measures would be needed.

White House Press Secretary Jay Carney has also said he's not aware of any White House lawyers looking into the issue, although last week, Treasury Secretary Tim Geithner mentioned the clause in the 14th Amendment that states U.S. public debt "shall not be questioned."

On Tuesday, Sen. Jeff Sessions (R-Ala.) told The Huffington Post he thought the whole issue was "silly." "I think it's interesting to talk about, but I don't think it's sustainable as a legitimate position," he said.

Sen. John Cornyn (R-Texas), meanwhile, has called the 14th Amendment solution "crazy talk."

WATCH (Video by Summerville Patch):

Comments

[archanjo]

02:47 PM on 07/30/2011

Why are we paying attention to some hack politician in a room with 40 people(I might be exaggerating) playing to the lowest common denominator because he knows it will get him paid.
Why are so many Black Republicans subject to such extreme positions? They get PAID, it attracts money, it is the worse kind of opportunism and pandering.

I know for a fact if I put on horn rimmed glasses, a black suit and tie and came in with he most extreme position on Obama I would be on TV tomorrow representing the black position in the Republican Party. The GOP craves a militant black presence that allows them to show some kind of diversity and they fail miserably.

They get all the guys who want that 15 minutes of fame.

As for the guy I prayed would be just a lil bit more stand-up for the American people and gave my vote.... The jury is still out.

Warmongering ain't my bag, Binny Laden is dead, time to bring the troops home and I crave a third party that finds a way to rescue the American people from career politicians and all the extremist nujts we been seeing lately. 10 years of war with no end in sight has F---D us royally.

[Michaela Swanson]

11:16 PM on 07/27/2011

Look at all those old white rednecks. High school government classes were right; only people like that support Republicans. You get a few Thomas Sowell's in there sometimes too, but only because they are ignorant. Republicans suck.

[Rafael O Quezada]

12:27 PM on 07/24/2011

Really? To he'll with the party of blow-hards.

[nomoresoundbytes]

03:22 PM on 07/20/2011

Silly Timmy, do a little research.

[nosmiley]

02:45 PM on 07/12/2011

It's interesting, reading the comments poor-mouthing South Carolina. Generally, they're made by northerners, that see themselves as intellectually superior. What I don't understand is why, after a lifetime of criticizing the south, do these same people move here for retirement ? If I disliked a place as much as the comments I've heard for 60 years, I sure wouldn't retire there.
The folks in Summerville are very close to the same level of intelligence ,as folks anywhere in the U.S. The representative doesn't mention that if he and other elected representatives, and senators would do their job, we wouldn't be in this mess. The debt ceiling was raised 7 or 8 times while Bush was president with no fanfare. This is the first time I rememember a party trying to blackmail a president with the debt ceiling. If the south is all wrong about this, the rest of the country should easily be able to vote a majority , and disregard how southerners feel. There aren't but 7 southern states; well 8 if you count Texas, but I've considered it to be in the west, with all the cactus, longhorns, sagebrush, and belt buckles the size of paint can lids.
I lot of folks are just grabbing at anything, to place the blame anywhere but on them. That's what this Tim Scott fellow is doing. He considers it an impeachable offense. I doubt the man has very little clue as to impeachment , as do most Americans.

[nomoresoundbytes]

03:36 PM on 07/20/2011

I am a transplant from Michigan to Summerville, and I came in with absolutely no prejudice at all, I have never been one to criticize en masse. Generalizations are for the lazy. Like the idea that Southerners are "hospitable." I discovered that "friendly" South Carolina was a mythical place. Customer service is a foreign concept and recycling is a dirty word.

So many people in Summerville still have confederate flags displayed on vehicles and at their homes, proud to be biggotted and successionists, proud to cause others to bristle and feel highly offended.

I am shocked that so many of these people, who are mostly middle class, are republicans. Don't they understand that Republicans could not care any less about them? I guess the lies and misinformation is working.

I am also shocked to see accidents every single day on my 6 mile commute to my workplace...driving is fundamental.

As for the dear freshman senator voted in during the midterms....I respectfully recommend that he learn as much as he can about a topic prior to making vehement claims about unconsituionality and impeachment.

He should enjoy his short tenure as a member of congress from a Southern state. At least he'll retian his congressional income forEVER. Good going!

[Carmichael]

12:12 AM on 07/10/2011

This is an idiotic statement by the Rep Tim Scott. I have read the 14th amendment, and if the Congress fails to act "in raising the debt ceiling", the president can indeed invoke the 14th amendment. Some of these Reps will say anything to feed a mob of people who has very little understanding of the law and the constitution. Many of these people don't even understand why they vote one way or another ( the cliche - monkey see monkey do). I bet they don't even understand the economy and how it works. What I find to be true most often; people like these in the video here, vote one way through the rhetoric and voices of others, mainly stemmed from conservative talk shows and networks like Fox, and in some small way, through antipathy of this president.

[nosmiley]

02:04 PM on 07/12/2011

I can't speak to the details of the 14th amendment, but in everything else you stated, you hit the nail squarely on the head.
I've spent time in Summerville,SC , and there are some of the nicest people you would want to meet. I suppose there are people like you mention all over the country, in small towns and large cities. I know in my town your statements about the economy and folks voting habits, applies to the majority. "Why do you vote that party?" "Well, daddy always did." ( Yeah, daddy walked 10 miles to school, and only finished the 8th grade, too.)
This character is playing to what they want to hear. I don't hear him saying anywhere that if he and the rest of his co-workers would do their jobs, we wouldn't be in this mess. I believe this is the first time the debt ceiling has ever been used in an attempt to blackmail the president of the U.S.

[vitacin]

05:05 PM on 07/09/2011

Look at his body language. He turns away from her before she finished talking. He then tells them what they want to hear. A classic move.

[lib2dbone]

02:41 PM on 07/09/2011

So the conservatives have declared that the 14th amendment doesn't count? No one can use it? It's ... unconstitutional? These conservatives are silly and hypocritical. The politicians know better, but they pander to the lowest denominator simply to get votes.

[ejhickey]

03:59 PM on 07/09/2011

Obama's constitutional law professor , lawrence tribe, said it would be unconstitutional for the Prez to use the 14th Amendment to invade the authority of Congress and issue new debt in order to raise the debt ceiling. No one is saying the 14th amendment is unconstitutional. Also, SURPRISE- the White House agrees and said it will NOT use the 14th Amend to override the debt ceiling law. This issue is now over as per the WH and the President.

[Bobotheclown]

05:52 PM on 07/09/2011

Actually its not over and many constitutional law professors and congressmen are still debating it. And the issue is not over raising new debt as you said, but paying for the debt that has already been issued and which has already been approved by Congress. On this point the 14th amendment is very clear when it says that "the public debt of the US shall not be questioned". In this sense it is unconstitutional for the Congress to prevent the payment of interest on ongoing debt that was issued with full faith and credit. In other words, Congress does not have the power to overrule the constitutional protections that accrue to Treasury debt once it has been approved by Congress. Debt cannot be repudiated by an act of Congress and the debt ceiling is an attempt to do that. In this case the constitution is clear and nether the Congress or the President can do anything about it. In fact, if the President does nothing the debt ceiling will be automatically invalidated by the 14th amendment. The constitutuion has that power. Now if you want to talk about whether a government of scared public officials will live up to the demands of the constitution, that is another story.

[SteveB1956]

10:28 PM on 07/24/2011

14th amendment paragraph 4

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. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Article 1 - The Legislative Branch
Section 8 - Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

Not sure where the 14th amendment allows the president to raise the debt without congress maybe you have a different Constitution

[Bobotheclown]

09:58 AM on 07/25/2011

I'm not sure why you don't see the reason since you have accurately transcribed the relevant sections of the constitution. Let me point out what I see as the relevant issues:
1. Congress has used its Article 1, section 8 powers to create debt. That debt exists as Treasury notes and bills that have payment coupons that extend out as far as 30 years. These debts can only be created by Congress. Once created you can see that the language does not give Congress the power to repudiate such debts.
2. To make this perfectly clear and explicit, the 14th Amendment declares that no matter what the situation the public debt of the US cannot be questioned. That means questioned by the Congress, the President, or anyone. It cannot be questioned.
3. Obama does not have to "do" anything, it is already done. The Treasury is required to pay our lawful debts. The Treasury will simply ignore it but this destroys the confidence of the world in our currency. To calm the storm the President could issue an order to the Treasury (to do what it has to do) to display that the executive branch stands behind the debt. If the Supreme Court also does this it will give a 2/3 sanction by the government and that may calm the markets. Supreme Court action will essentially strike down the debt ceiling law as unconstitutional and rerturn stability to government but the financial markets will never be the same.

[Tabbed]

02:03 AM on 07/29/2011

I think what is confusing you is this section: "But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrecti­on or rebellion against the United States, or any claim for the loss or emancipati­on of any slave; but all such debts, obligation­s and claims shall be held illegal and void."

in·sur·rec·tion/ˌinsəˈrekSHən/
Noun: A violent uprising against an authority or government: "opposition to the new regime led to armed insurrection"

The government cannot be forced to pay a dept for rebellion, slavery, etc., but the Government does have a duty to ensure it's debts are paid, especially in a situation like this where the people are being railroaded by republicans and tea party ideology.

Bobtheclown: The Treasury will surely not to just go pay the veterans, SS, etc if this bill is not passed on their own. They will need to be ordered by the President to do this. I think the best solution for the future would be for Boehner to get it passed through Congress, once that is done, the Senate can vote it down and Reid can bring in his. But then, I am just tired as hell of the republicans/tea partiers blocking economic growth leaving Millions upon Millions of U.S. citizens who had paid taxes and carried this government for years upon years, being left without work. Government is no good in the hands of tea partiers first, and republicans second.

[Kriol Kidd]

12:52 PM on 07/09/2011

He's from South Carolina....need I say more.....Where was this guy when the Downing Street Memo's came out............Yeah, most everyone forgot about those, but I hold deep grudges.

[tksensei]

01:27 PM on 07/09/2011

"He's from South Carolina..­..need I say more....."

Yes, you need to say more. I hope that you are not arrogantly dismissing one of our great states the way it seems that you are.

[Kriol Kidd]

01:42 PM on 07/09/2011

I've been there; naturally it would be wrong of me to call everyone in the state bad, but judging by some of their elected officials, education ranking, and economic disparities; I can't find too many positives other than their shrimp and grits......their rice is good too.

[Bobotheclown]

05:55 PM on 07/09/2011

The great successionist state of South Carolina that was responsible for starting the civil war which killed more Americans than any other war in history? Why would anyone disparge the legislators from there...

[chefacree]

12:22 PM on 07/09/2011

Don't republicans just hate it when the constitution gets in the way.

[68Namvet]

07:34 PM on 07/09/2011

Not really. Since when has the Constitution, laws or rules bothered them? Remember - signing statements, removal of habeus corpus, torture, enemy combatants, anti abortion litmus tests, defense of marriage acts, whatever - they will do as they please while pandering to worst and most un-American traits there are.

[SteveB1956]

10:34 PM on 07/24/2011

Try reading article 1 section 8 very specific on who can borrow money on the credit of the US. Its not the president its congress, the 14th amendment only says the debt shall not be questioned. Not sure anyone is questioning the debt just how to pay for it.

[Puzzlr]

11:59 AM on 07/09/2011

All those old people would be the first people thrown under the bus by this guy. I don't understand why they don't see it.

[Kriol Kidd]

01:08 PM on 07/09/2011

Old age + Republican ideals= senility

[keramos]

10:44 AM on 07/09/2011

Sedition.

[OLJW00]

12:17 PM on 07/09/2011

for what?

[keramos]

08:51 PM on 07/09/2011

Sedition

[MLukhman]

08:53 AM on 07/09/2011

> Under Fed yet Fed Up 10:00 PM on 7/06/2011
> 34% of the debt has been incurred during the Obama administra­tion.

Me: 10:04 PM on 7/06/2011
70% of that a legacy of G W failures!

> Under Fed yet Fed Up 10:33 PM on 7/06/2011
> Keep believing those fantasies if blaming others helps keep your conscience clear.

Me: 7/06/20111 at 21:06:42
“And you should revisit the CBO for January 2009, when G W was still the disaster in chief at the White House, they already were projecting the federal budget at having deficit of over $1.2tn for that year and 2010.

> Under Fed yet Fed Up 09:22 PM on 7/07/2011
> A projection based upon the knowledge that the spender in chief had been elected. But Obama managed to blow those figures out of the water.

Me: 09:34:57 on 7/06/2011
God your so deluded!

> Under Fed yet Fed Up 10:17 AM
> Huh?

Dictionary definition of Deluded -> To lead from truth or into error; to mislead the mind or judgment of;

Hope that helps?

[Eric Daniels]

11:24 PM on 07/08/2011

Am I surprised they would impeach the man over raising the debt ceiling, I wouldn't know what they would do if he did anything illegal.

[OLJW00]

12:18 PM on 07/09/2011

Apparently you don't understand the separation of powers as enumerated in our Constitution.

[Kriol Kidd]

12:59 PM on 07/09/2011

Apparently you have never heard of the concept of "checks and balances".

[Bobotheclown]

05:57 PM on 07/09/2011

The 14th amendment trumps any and all laws that Congress may pass on the subject of the validity of the national debt. That's why they call it a constitution.

[dannywanny]

11:17 PM on 07/08/2011

If the most incompetent president in American history, George W Bush, could serve two terms and not be impeached, then Obama is home free.

[Robearbeach]

02:10 AM on 07/09/2011

George W. Bush is only the third worst president in U.S. History. Carter and Obama knocked him out of the cellar.

[MLukhman]

08:51 AM on 07/09/2011

On Stats alone, G W is miles ahead of his father and Reagan in the race for worst President in history.

[keramos]

10:45 AM on 07/09/2011

Only you and the voices in your head believe that

[OLJW00]

12:19 PM on 07/09/2011

Home free as in a one term President...