Some on the far left are urging Obama to disregard his own debt
ceiling deal in favor of using the "nuclear option" to unilaterally
raise the debt limit. This argument, raised by a number
of House Democrats, relies upon a weak
interpretation of the fourteenth
amendment, which states:
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.
The claim seizes upon the lines "[t]he validity of the public
debt of the United States... shall not be questioned" dubiously asserting that
this signifies the constitution allows the president to unilaterally issue debt.
However, the argument is so full of holes that even the
administration has categorically rejected it. Obama stated, “I have talked
to my lawyers... They are not persuaded that that is a winning argument.”
The truth is that this part of
fourteenth amendment, which was written in the midst of the Civil War, was
drawn up to prevent Congress or the president from repudiating existing debts.
This was rooted in the fear that after reunification with the South, former
Confederate legislators would try to wipe out Union debt. Its aim was to ensure that a congress could not
backtrack on the promises of previous congresses, undoing commitments made
to debtors and thus injuring the debtors and the United States. The
amendment in no way authorized the president to unconditionally incur new debt and certainly did not question the
primacy of Congress’s responsibility to issue debt or the
constitutionality of a debt limit. Stanford's Michael
McConnell sums up the constitutional law nicely.
Section Four of the Fourteenth Amendment does not create a back-door method for the Administration to borrow more money without congressional authorization. For Congress to limit the amount of the debt does not “question” the “validity” of the debt that has been “authorized by law.” At most, it means that paying the public debts and pension obligations of the United States, as they become due, has priority over all other spending.
The leftist perspective is merely an attempt to twist the
constitution to prevent needed fiscal reforms. Not only is
it unconstitutional for Congress to abdicate this responsibility
- Article
1, Section 8 of the Constitution says
that only "[t]he Congress shall have Power... To borrow Money on the
credit of the United States" - but, as
argued elsewhere, such an interpretation would place the United
States in dire straits, removing a huge check on rampant expenditure.
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