OK, Let's say Obama uses the 14th Amendment

[ThomWV]

Let us say that the President grows a pair and directs the Treasury and each of the other Departments and Agencies to continue writing the checks under the authority of the 14th Amendment to the Constitution which directs that he must so so.

What next?

Well, it will find its way to the Supreme Court faster than Bush v. Gore, with just about as disastrous an outcome. The decision would be made by Scalia, Kennedy, Thomas, Alito, and Roberts - the 5 ideological soul-mates. And you can bet how the decision would go too. It would find the action of the President unconstitutional and it would probably fall to Scalia or Thomas to give us the explanation (opinion) that how they came to their decision. That decision would lead to instant default the moment it was handed out on the courthouse steps.

And then what would we face in the Congress? The Republicans would feel that they had prevailed and would become even more intractable than they are now. No deal what so ever could negotiated with them - and that would be during the shutdown that would tear this country apart economically with every hour bringing more misery and chaos.

The President needs to settle this now - a clean bill that lifts the limit, no more, no less.

[flamingdem]

1. Why do we believe that the house will pass a clean bill considering teh crazy? nt

[Dawgs]

2. BS. No way would the courts put the country into default.

And, why would Republicans feel like they prevailed when the country is falling into a deep depression? It would show that Obama did the right thing.

[PoliticAverse]

3. What's the incentive for the republicans to pass a clean bill before the last minute? n/t

[melm00se]

4. well, the 14th amendment does

address the validity of the country's debt but relying on that to de facto raise revenue would place the Executive Branch in direct conflict with Congress' powers detailed under Article I, section 8, paragraph 2 which empowers Congress (t)o borrow money on the credit of the United States as well as it's authority over the financial matters of the country (Article I section 7 and section 8 paragraphs 4 & 5).

While I may not agree with the current make up of the USSC nor the Congress, the Constitution appears to be quite clear on this matter and any Court would more than likely side with Congress on this matter.

[still_one]

5. He won't. In his town hall today his laywers told him not to do it. /nt

[KoKo]

7. Agree....heard him say that in the Town Hall Meeting today, also n/t

[Pab Sungenis]

6. It won't lead to instant default.

What the 14th Amendment option does is allow the Treasury Secretary to sell another issue of Government bonds, borrowing sufficient funds to keep going. Even if the court rules against the option they can't unring the bell by forcing the government to not honor those bonds.

[damntexdem]

8. And then -- it would be the felonious five on the SCOTUS forcing the country into default.

This would not endear them to Wall Street. In fact, Wall Street might "get to" at least some of them and prevent them from ruling against paying the country's debts -- at least get them to throw out the case on some made-up technicality.