LyrArc Article Gist
Different constitutional law opinions on the option of the President citing the 14th Amendment to the U.S. Constitution to raise the debt ceiling. Former President Clinton says he would unilaterally invoke it "without hesitation, and force the courts to stop me." President Obama said recently, "I have talked to my lawyers, they are not persuaded that this is a winning argument." Section 4 of this Amendment was designed to assure creditors the Union debts after the Civil War would be honored and to say Confederate debts would not be honored. This part of the 14th Amendment says "the validity of the public debt of the United States, authorized by law, including debts incurred for pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned." Prof. Jack Balkin of Yale, says it provides a broader principle that the public debt cannot be held hostage for political purposes. His view is that this is something that could be an option when all other options are exhausted. Prof. Lawrence Tribe of Harvard, say the law courts have no plausible point of entry in such a situation. There is a sense that "popular constitutionalism" would play an important part if something like this happened- the meaning of the constitution is what popular sentiment says it is in the particular context and events.