Earlier this week I had the opportunity to speak briefly with key White House staffers concerning the on-going debate about the budget and the debt ceiling. Like every White House, the Obama Administration routinely invites constituency groups to offer advice or hear briefings on important matters. On occasion, I am invited to take part in such discussions.
My only advice to the White House this week was this: seriously consider invoking the 14th Amendment to the U.S. Constitution if the U.S. Congress, dragged down by the Tea Party controlled U.S. House, is unable to embrace a compromise proposal to raise the debt ceiling and protect our national safety net.
Whether or not the 14th Amendment is a viable legal tool for rescuing the nation from defaulting on our debts is a matter of great debate. I'm a pastor, not a constitutional scholar. But I'm also pretty well versed in public policy matters and have listened closely to the debate over whether or not a president can invoke the 14th unilaterally to raise the debt ceiling if Congress does not act.
Yale law professor Jack M. Balkin thinks so. He told The New York Times recently:
"You're not supposed to hold the validity of the public debt hostage to achieve political ends," Mr. Balkin said. He added, though, that "Section 4 is a fail-safe that only comes into operation when everything else is exhausted."
Professor Balkin is not alone.
As a minister in the United Church of Christ, I am deeply concerned about the moral implications of not meeting our nation's debt obligations. Senior citizens and veterans, among others, would not receive expected payments. Worse yet, the worldwide economy could collapse. It has been said (and I've repeated this quote many times) that William Jennings Bryan, the great evangelist, once commented that every great economic question is in reality a great moral question. This is why over 6,000 clergy have written to President Obama asking him to do everything in his power to protect the "least of these" in our society during this debate and why this week a group of clergy were arrested at the U.S. Capitol protesting proposed cuts to critically needed programs.
President Obama is not dealing with reasonable leaders in the U.S. House of Representatives. The Tea Party caucus has made clear that only the near total collapse of America's domestic government will satisfy their aspirations. The American people do not support this, according to the polls, so why go down a dangerous road that will hurt the common good of our nation?
If no honest compromise arises in the next few days -- a compromise that increases taxes on the wealthy while cutting spending and that also protects the nation's safety net -- President Obama should invoke the 14th Amendment despite the political risks. Yes, some in the U.S. House might try and impeach the president and what the courts might do is unknown. The American people, I believe, will see that President Obama made every sincere effort to negotiate and at every turn was rejected. Principled leadership is risky, no doubt, but there may be no other moral alternative that saves the nation -- and the world -- from economic chaos. It is time to draw a line in the sand and risk everything because at the moment we have everything to lose.
My prayers are with President Obama and his staff, along with members of Congress, as they consider these issues.
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Especially since he would earn overwhelming political support for doing so and merely be using tactics commensurate with those that are being used against him.
I hate to be the contrary, because I support the President 100%, but HOW exactly do all of you expect that he will "invoke" the 14th Amendment? What Constitutional mechanism precisely do you envision gives the Executive the authority to borrow money? The 14th explicitly states that only Congress can exercise the clauses of the 14th -- and Article One states that only Congress can raise revenue or borrow money.
The Executive in this particular case, is doubly hampered. This is why, I believe, the President has consistently stated that he does not believe it is a viable option. He has consistently erred on the side of the Constitution, and respected the separation of powers to a degree that is without precedent in my lifetime (to much howling by his supporters).
WHAT HE CAN DO is instruct the Justice Department to petition the Courts that the Debt Ceiling law is in violation of the 14th and needs to be struck down as unconstitutional. Unfortunately, he can not do that until the provisions of the Debt Ceiling law takes effect (in other words, default) which would trigger the Constitutional basis for a challenge.
Naturally, this is a very bad thing because for the 14th to apply, default must take place. I see a lot of pontificating on this, but no one has addressed these very basic questions - can someone respectfully enlighten me?
Government debt is not calculated the way personal debt is calculated.
All of that is irrelevant to my question, though - and it appears it is all academic now, since we appear to have reached an agreement on a debt ceiling extension.
The 14th Amendment was not created to give the POTUS dictatorial powers, no matter the gravity of the situation.
The path to totalitarian government is paved with "moral" precepts and good intentions, not to mention crises which "should not go to waste" as Rahm Emmanuel so blithely echoed Lenin...
If you were not outraged (I for the record was) when President Bush conducted warrentless wiretaps in potential violation of our Constitution and it's Amendments - then I would argue you have no standing to make such statements about President Obama's potential actions now.
If you were outraged by this previous overstepping - then I commend you for your consistency.
I await your response to my query.
Although, this is a very viable option I really feel the progressives are giving the republicans an out, which places the entire debt and economic problems with the president. This will also strengthen the republicans hand in future spending cut negotiations (if it can get any better!).
Are their Faith Based Grants threatened ? Their Non Profits where they hold Millions of Dollars in Stocks and Bonds bought with Tax Payers money from Grants ?
How about getting your donations from your members and stop bleeding our Government dry ?
The President authorixes the U.S. Treasury to pay the bills made by Congress month by month.
I said maybe.
"The Congressional Budget Office (CBO) released its analysis of Senator Reid’s White House-backed debt limit plan this morning and confirmed what we already knew: it’s full of gimmicks – resulting in a bill that fails to cut more spending than the amount by which it would increase the debt limit – and gives President Obama the blank check he wants. For example, Senate Democrats’ plan:"
That means the U.S. debt is going to increase. Are you happy with that?
Obama is totally naive but even worse he doesn't seem to be able to learn and that's the most scary part about this President. He's gotten himself in this situation every single time and every time he comes back and plays the same bipartisan card, goes right onto the Republican playing field and repeats the same mistakes.
How refreshing it would be if he could stand up and say, "I'm invoking the 14th Amendment because the health of this nation is more important than any political deal," then invoking the words of a real leader he would say, "Here I stand, I cannot do otherwise. God help me. Amen."
"Again, you have heard that it was said to the people long ago, ‘Do not break your oath, but fulfill to the Lord the vows you have made.’ [34] But I tell you, do not swear an oath at all: either by heaven, for it is God’s throne; [35] or by the earth, for it is his footstool; or by Jerusalem, for it is the city of the Great King. [36] And do not swear by your head, for you cannot make even one hair white or black. [37] All you need to say is simply ‘Yes’ or ‘No’; anything beyond this comes from the evil one.
These individuals represent the USA, and that Nation through its duly and constitutional authorized legislative body, took an oath to honor its commitments. To meet those PRIOR commitments, it must increase its existing debt limits. The answer is simple ... Yes, I will honor my Nation's promise ... "Anything beyond this comes from the evil one"
Actually, the sous chef has a chance because that requires years of study, a disciplined mind and a methodical approach.
OBAMA the Boy/Child his Grade D + /-C as President, @ campaign A
BUSH the Muddles/Spoiled Little Boy his Grade C / -B
Comments > The US Government (Dem + Rep) during The BUSH Administration started two Military Actions, other than winning the military actions, Congress and the President were Clueless. Now the Balls in in OBAMAS court, about 3 years I believe, whats been done, cut from Iraq to early, now wants to cut from Afghanistan to early.
Plus we have the added attraction of Libya.
12 years USMC 33 months in RVN, I did the walk, I got talking Rights, by the way RVN
was not a War it was a Military Action. I had LBJ/NICKSON, today they have BUSH/OBAMA, both groups get S C R E W E D
HoooRAHHHHHHHH and we do have the best trained and best motivated military in the world.