What happens once the Fourteenth Amendment is invoked?

[LLStarks]

I'm a bit lost on the non-political consequences and what would follow procedurally.

[Tx4obama]

1. Obama would then pay the bills that are due.

Each month 70 million checks are sent out, so all the checks would be able to be paid.

[mike_c]

2. I'm not sure there is a "procedure...."

The "debt ceiling" would simply become an unconstitutional fiction. Which is what it probably is anyway, since the money party doesn't REALLY want the debtors-- us-- let off the hook for their continued profits that easily.

[Cleita]

3. They would move to impeach him.

It's a rock and hard place situation. I hope he does and has the fortitude to fight impeachment like Bill Clinton did, but I wonder if he has the stomach for it.

[Cool Logic]

9. It is regrettable to say, but if the President endeavored to usurp Congressional jurisdiction

from the Congress, it stands to reason that he would face impeachment.

[Tx4obama]

11. Invoking the U.S. Constitution is NOT a 'criminal offensive'

'To impeach' means to bring forth 'criminal charges'.

In order to impeach there must be a CRIMINAL CHARGE.

If President Obama uses what is written in the U.S. Constitution it is NOT criminal.

I wonder how many times I'm going to have to point that out here in DU ;(

[Cleita]

16. Actually, it's not me saying this. I heard it discussed

on Thom Hartmann this morning and the consensus was that the Republicans would impeach him. I agree, using the Constitution is not criminal but neither is getting blow jobs in the Oval Office, yet Clinton was impeached. And, Clinton himself said he would invoke the 14th amendment and then fight them in court, so even he thinks the Repugs will do everything they can do to unseat this President.

[Tx4obama]

17. Clinton was impeached due to 'lying under oath', which IS a criminal offense.

When/IF President Obama were to invoke the 14th amendment it would NOT be a criminal offense.

Until someone comes up with what the 'criminal charge' would be, then all the folks that are talking about impeachment are just blowing smoke without any legal basis for their prediction.

[Cleita]

18. Technically, yes, but Starr had to follow a trail of

bimbo incidents to trap him into lying and he himself realized it was a witch hunt and decided to fight it. He wasn't found guilty.

[mdmc]

4. Obama will pay the bills, the GOP will go to TSCOTUS

and TSCOTUS will either vote with Wall Street or against Obama..

[gateley]

6. Ha! You got that right! nt

[Tx4obama]

12. The GOP would NOT have 'legal standing' so NO they couldn't go to the SCOTUS. n/t

[mdmc]

19. whats the harm?

TSCOTUS can find them some legal standing I am sure..

[Kingofalldems]

5. And the freepers/teabaggers will go wild

[gateley]

7. Says he's not going to, but I don't know what he would be

able to do if there's NOTHING to sign at 11:59pm on August 1st.

[roamer65]

8. A Constitutional crisis, mainly fabricated by the Rethugs.

They'll go for articles of impeachment, but there are not enough votes in the Senate to remove Obama from office.

[Cool Logic]

10. A Constitutional crisis, in accordance with the Constitution.

[DrinkBeerNotTea]

13. Wouldn't it be unconstitutional to NOT invoke the 14th Amendment?

Failing to invoke it and allowing default is unconstitutional.

[dmosh42]

20. Reading that part of the amendment only seems to say that whatever was appropriated...

is 'the debt' and needs to be paid for. Where the debt ceiling comes in, has never been spelled out.

[Joe the Revelator]

14. I don't know about after, but before....

He'll would have to freeze over

[PuffedMica]

15. Invoking the Fourteenth Amendment forces the Judaical Branch to become involved

If it not apparent by now, we are getting no where with only the Congressional Branch and the Executive Branch trying to make a deal. Throw in the Judicial Branch, and the Government will slip away into the misty swamp of anarchy.

[Major Hogwash]

21. And then we all have to start going to church and pray the Supremes aren't stoopid.

If they turn it down, then it's time to storm the corporate gates.

[brooklynite]

22. Let's be clear: the 14th Amendment is not about SPENDING...

...it's about BORROWING. The US Government can't spend money that it doesn't have. Today it spends more than it takes in, so it borrows money to pay the current bills. Invoking the 14th Amendment means than, in orderr to meet the current debt obligations of the US, the Administration would BORROW additional funds (becoming FUTURE obligations) irrespective of the Statutory Debt Limit.

[LibertyLover]

23. I don't believe there actually is a procedure

because if I understand it correctly, that portion of the 14th Amendment has never actually been invoked in a situation like the one we find ourselves in. There is a dispute among Constitutional scholars as to whether it even could be invoked by President Obama as a means to prevent a governmental default. Since I'm not anything approaching an expert on the Constitution, my personal view is "what the hell, go for it and piss off the Republicans", but I am fully aware that might not be the best solution. The only thing I'm sure of is that if President Obama chooses to invoke the 14th Amendment and prevent a default, the ink won't be dry on the impeachment paperwork before he is served.