Hoyer Backs Obama Using 14th Amendment To Resolve Debt Crisis

WASHINGTON -- House Minority Whip Steny Hoyer (D-Md.) on Wednesday night became the highest ranking Democratic leader to throw his support behind the idea of President Barack Obama using the 14th Amendment of the Constitution to raise the debt ceiling on his own.

That option is "arguably in his power," Hoyer said on MSNBC's "The Ed Show."

"Very frankly, if it came down to his looking default in the eye on Tuesday or taking this action, as President Clinton said, it would be better to take the action and find out later that perhaps he went beyond his authority but … protected the creditworthiness of the United States of America."

House Budget ranking member Chris Van Hollen (D-Md.) also lent support to the constitutional approach.

"I think the president should keep all his legal options on the table," Van Hollen said on the same show.

Their comments come a day after other House Democratic leaders unexpectedly threw their support behind Obama taking that route in the debt standoff. Earlier Thursday, another group of House Democrats organized their own press event to apply pressure on the president to invoke the 14th Amendment.

The White House maintains the option is off the table because Obama may not have the legal authority to unilaterally lift the debt ceiling. But with the clock ticking on Congress to reach a deal by August 2, and with some legal experts insisting it is within the president's authority, some Democrats are hoping Obama will rethink his opposition.

The provision at the heart of the constitutional debate, Section 4 of the 14th Amendment, states: “The validity of the public debt of the United States, authorized by law, including debts incurred for payments of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.” Essentially, Democrats are arguing that since the "public debt" cannot be questioned, then the debt ceiling itself is unconstitutional.

Over the course of the last several months, several commentators have urged the administration to explore the 14th Amendment option. In late June, HuffPost reported that Senate Democrats were actively discussing it as an option and giving it increasing consideration as the difficulty of reaching a compromise became more evident. Two days later, Treasury Secretary Timothy Geithner read the 14th Amendment out loud to a group of journalists, seemingly implying it was a viable option.

NBC’s Chuck Todd asked Obama about the constitutionality of the debt ceiling at a briefing the day after HuffPost’s initial report. The president dodged the question at the time, but has since said that White House lawyers “are not persuaded that that is a winning argument.”

Nevertheless, the argument remains. On Thursday, liberal writers Bob Kuttner and Michael Tomasky both argued in separate columns that Obama should invoke the amendment.

Comments

[pernambuco]

09:16 AM on 07/31/2011

Absolutely correct! Invoke the 14th!!!!!!!!!!!!!!!!!!!!!!!!!

[wizardzip]

12:19 AM on 07/31/2011

I think we will see by the end of the 1st week on August 2011, new Constitutional Law written by Obama's Administration invoking the 14th Amendment.

I do not think Obama can arbitrarily raise the debt limit without cause, but he most definitely can in an economic emergency such as this debt crisis. Most likely, he can set precedent for future presidents. In times of war, the Executive Branch can on its own, spend ANY amount of the Treasury to preserve the US's integrity, so raising the limit is actually already within his authority without having to ask.

What is the Congressional RESPONSIBILITY is to lower its expectations of WHAT it requests of the Executive Branch, by lowering expenses within departments.

But like a customer contracting a merchant while on credit, the White House can decide to raise the 'customer's' debt limit just like a dept store does a consumer's credit card. It is Congress's responsibility to decide how to cover the BILL.

[adrianrobinsonm]

08:34 PM on 07/30/2011

I AND THE AMERICAN PEOPLE SUPPORT PRESIDENT OBAMA AS WELL ON THE DEBT CEILING ISSUE! THIS REPUBLICAN CONGRESS HAS NOTHING NEW TO OFFER THE AMERICAN PEOPLE EXCEPT MORE OF THE SAME THAT BEGAN IN THE YEAR OF 2000!!!!!!!!

[Robert Laitres]

03:01 PM on 07/30/2011

Not being a Constitutional attorney, or an attorney of any type, I agree with Mr. Hoyer and, were I President I difinitely would use the 14th Amendment and dare the Republicans and Tea Party members to "come and get me." So, in this sense, I disagree with the President when he chooses not to take that action for, he will be "damned if the does and damned if he doesn't". Therefore, for him their is no losing. Even if the House manages to impeach him, much as happend to Clinton, he will never be convicted, not on any Constitutional grounds. While I respect President Obama's reverence for the United States Constitution, and appreciate his dedication to it, the Constitution is there to serve the interests of all the people of this country and the country itself. As such, it is not only parchment, paper and words.

[Marc Perkel]

09:59 PM on 07/29/2011

Obama could also declare a national emergency and use emergency powers to raise the debt limit without a vote of Congress.

[daring eagles]

05:57 PM on 07/29/2011

This is a no-brainer #3. If I were the President of the United States and was faced with "nutjobs"
in the House who were dedicated to not only want the POTUS to have no accomplishments during
his first term, but MOST IMPORTANTLY want the USA to default on their loans - I would invoke
the 14th amendment. To not act - would make the President of the United States look very wimpy and certainly be faced with Democrat challengers for the 2012 election. We need LEADERSHIP - not cave-in wimpy "compromisers." We need someone to stand up to
the nutjobs in the Congress who are either beholden to special interests or who don't want
America to be a strong country (TREASON).

[jyatt7]

05:54 PM on 07/29/2011

Will the "freak" democratic politicians please stand up !!!

[PaulArt]

05:44 PM on 07/29/2011

It was taken off the table early in this kabuki dance because it is a stealth weapon. Bammer will not use it until old people without SS checks are dying in their houses without A/C. He will wait for this political cover to deploy the 14th - its only then that he will look H-E-R-O-I-C and seal his 2012 victory.

[cotuit]

05:20 PM on 07/29/2011

14th Amendment;
Section 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.

Section 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Does anybody see the word Executive in this amendment? No? I didn't think so.

[Awake-and-Sing]

05:59 PM on 07/29/2011

President Truman already invoked the 14th Amendment.

Sorry, conservative. Like Wile E. Coyote you've been snared in your own trap again.

[cotuit]

06:02 PM on 07/29/2011

Do tell?

[cotuit]

06:05 PM on 07/29/2011

DID TRUMAN USE THE 14TH AMENDMENT.­...YES..AN­D NO!

Some people claim that President Truman invoked the 14th amendment to raise the debt ceiling. That isn’t true. He used the amendment to integrate the military, but during his Presidency there was no increase in the debt ceiling. In fact, since the debt ceiling was created in 1939 Truman is the only President not to have raised it. Most have raised it five to seven times, though Ronald Reagan’s years brought 17 debt ceiling increases – not surprising since the Reagan years saw the biggest relative growth in debt in US history.”

[cotuit]

05:16 PM on 07/29/2011

Congressman Hoyer floats this canard in the hopes that the ill informed will glom on to it without regard.

Desperate men do desperate things.

[Awake-and-Sing]

05:59 PM on 07/29/2011

The only man more desperate that John Boehner right now is... well, I guess there is no one more desperate.

[cotuit]

06:07 PM on 07/29/2011

Not very thought provoking.

[Awake-and-Sing]

05:11 PM on 07/29/2011

Why doesn't anyone point out that Harry Truman already invoked the 14th Amendment on the debt ceiling? There is precedent. The President could invoke the amendment today and we could all go on with our lives.

Note about Harry Truman. Instead of appeasement and capitulation to look like the "adult in the room", he stood up and fought the "do nothing" Republican Congress of 1946-48.

Not only did he win an upset reelection, he swept Democrats back into control of both houses of Congress on his coattails.

It's amazing what Democrats can accomplish when they stand up and fight (for a change).

[goncrazi]

05:31 PM on 07/29/2011

I am so glad someone pointed this out.

[wizardzip]

12:46 AM on 07/31/2011

I'm very happy to hear President Truman already invoked the 14th. Obama is 100% safe then, and the Tea Party is just blowing smoke, while they try to give the Prez and the rest of the political structure a hard time, through political ignorance.

Now we can all rest a little easier. Once Obama raises the ceiling, things will definitely start to pick back up.

[cotuit]

06:16 PM on 07/29/2011

Your clear misinformation is on full display as I will demonstrate.

[radams36]

08:56 PM on 07/29/2011

Well, we're still waaaaaiiiiiting - oh, wait - you can't demonstrate what doesn't EXIST.

We have a label for folks like you down here in Texas - "All hat and no cattle". In your case, the hat also seems to be empty. A suggestion - use your head for something besides keeping your ears separated.

[Marc Perkel]

04:58 PM on 07/29/2011

We have 2 choices since Congress isn't going to pass anything. Either we default or we used the 14th amendment. I'm betting the Republicans will be asking Obama to use the 14th amendment by the weekend.

[nokabosh1]

04:57 PM on 07/29/2011

Hoyer needs to retire. He's lost any credibility he once had. He's a partisan hack now.

[colinablanco]

05:30 PM on 07/29/2011

And the Republicans aren't being partisan hacks? Give me a break!!!!!!!! They are the perfect example of ultimate partisan hacks. They're bringing this country to the brink of default with all of their unreasonable demands and total unwillingness to compromise. !

[Awake-and-Sing]

06:00 PM on 07/29/2011

I know truth telling is problematic from conservatives who are used to Fox "News" talking points.

[cotuit]

06:11 PM on 07/29/2011

Did you here that on FNC? Probably not.

[BarryWolk]

04:53 PM on 07/29/2011

If Obama doesn't issue Executive Orders based on the 14th Amendment raising the debt limit after the failure of congress to do the same, he will be in DERELICTION of his duty to "UPHOLD AND DEFEND" the Constitution of the United States.

We, the People, will then DEMAND a dem primary in 2012!!
(Even though we will NEVER get one!!)

[UKLLee]

04:52 PM on 07/29/2011

This is a lame argument.

Even obama, a guy who thinks it's constitutional to force people to buy a product from a private company, has figured out it's unconstitutional.

[Awake-and-Sing]

06:01 PM on 07/29/2011

The only thing "lame" here is the failed and immoral conservative ideology that has destroyed the American middle class and consolidated 90% of the nation's wealth in hand few hands of the top 1%.