A simple question: what would happen if the president invoked the 14th amendment?

[Dappleganger]

What are the worst-case and best-case scenarios?

[originalpckelly]

1. Worst case scenario is that Congress loses the power of the purse...

and some future President believes s/he can borrow money instead of asking the Congress for it. (And don't think it wouldn't happen.)

Best case scenario is that that happens, but we still avoid a default.

[damntexdem]

15. So the worst case is what happened under Reagan and Dubya.

Not great; but survivable.

[Drale]

2. What is going to happen is

the Repukes will through a huge fit, they will file lawsuits and by the time they get anywhere, if they ever will, hopefully Dem's will have super majorities in both the house and the senate again and they will pass a either raise the debt ceiling or abolishing it completely.

[murielm99]

4. I think the Supreme Court would fast track the case,

if it is brought to court. I think it surely would be brought to court.

The Supreme court needs some scrutiny. A decision against Obama would be unpopular. Maybe that will cause enough public outcry that people will look at Thomas and all his obvious conflicts of interest. TPTB are in flux right now. Their absolute power is not so assured any more. People have had it. Even if it takes a long time, we are fighting back.

If they decide against Obama, he can come up with other options. I think he knows that.

By that time, there will be so much infighting among the repubbies, they may not be able to oppose the President effectively any more. Bonehead might be gone. The teabaggers are calling for his resignation right now.

If Obama shows some leadership, we will have super majorities. He will be reelected, too. But he needs to show some leadership.

[former9thward]

3. The case would be fast tracked to the Supreme Court

and the president would lose 9-0. Then there would be chaos as the debt limit would revert to what it was before. No serious constitutional scholars think the president can use the 14th A. I love how people who a month ago had never read or heard of the 14th A are now suddenly experts on it.

[originalpckelly]

6. And they conveniently forget Article 1, Section 8, Line 2:

"To borrow Money on the credit of the United States;"

That's solely the Congress's power, and the problem is that if you allow the executive branch to borrow money on its own, you never know what that power/precedent will be used for again one day.

It scares me to see the direction in this country, to see so many powers handed right over to the executive branch, and how little people understand about checks and balances.

And to think that all this is happening over a contrived situation.

[PoliticAverse]

12. Would the court make such a ruling ?

“This is not a circumstance, in which the courts have any plausible point of entry.” - Laurence Tribe.

[former9thward]

13. I saw that quote but I didn't see the question he was answering.

Context is important. I certainly think Congress would have standing to file a suit in the case.

[PoliticAverse]

16. I've only been able to track the quote to the following NY times article..

http://www.nytimes.com/2011/07/25/us/politics/25legal.html?_r=1

[Shrek]

5. Very little would happen

Who's going to buy the debt, and at what cost?

What sane investor would buy debt instruments of questionable legality, knowing that a court ruling might render them worthless?

[originalpckelly]

7. Bingo.

We really are pretty much escrewed ehere, if you know what I mean.

[MrDiaz]

8. A simple answer

It would be fast-tracked to the supreme court, then The SCOTUS will rule against Obama. Then the repukes will run on the meme that President Obama tried to overrule the constitution, and lost. Then he will lose the next election and the underdog Rick Perry will come up and steal the presidency, just like BUSH.

[Llewlladdwr]

9. How exactly would the President do this?

Could you provide a link to the relevant text in the 14th Amendment authorizing the Executive to raise revenues or borrow money?

[Shrek]

11. You have to read between the lines to get there

Congress declines to take on new debt . . . which somehow means that the validity of existing debt is being "questioned" . . . which violates the 14th amendment . . . which somehow negates the borrowing authority granted in Article 1 Section 8 . . . which somehow means that said authority is transferred to the executive.

[Llewlladdwr]

14. Got it.

Thanks much Shrek!

[AndyTiedye]

10. I Think the Supreme Court Ruling Has Already Been Written, and is In Scalia's Back Pocket

They would countermand any attempt by Obama to use the 14th as fast as you can say "Bush v. Gore".