Obama Should Raise the Debt Ceiling on His Own

[DainBramaged]

PRESIDENT OBAMA should announce that he will raise the debt ceiling unilaterally if he cannot reach a deal with Congress. Constitutionally, he would be on solid ground. Politically, he can’t lose. The public wants a deal. The threat to act unilaterally will only strengthen his bargaining power if Republicans don’t want to be frozen out; if they defy him, the public will throw their support to the president. Either way, Republicans look like the obstructionists and will pay a price.

Where would Mr. Obama get his constitutional authority to raise the debt ceiling?

Our argument is not based on some obscure provision of the 14th amendment, but on the necessities of state, and on the president’s role as the ultimate guardian of the constitutional order, charged with taking care that the laws be faithfully executed.

When Abraham Lincoln suspended habeas corpus during the Civil War, he said that it was necessary to violate one law, lest all the laws but one fall into ruin. So too here: the president may need to violate the debt ceiling to prevent a catastrophe — whether a default on the debt or an enormous reduction in federal spending, which would throw the country back into recession.

http://www.nytimes.com/2011/07/22/opinion/22posner.html

[Skip_In_Boulder]

1. He may be moving towards that end

We will just have to wait and see how this plays out.

[HopeHoops]

2. I would hardly call it "obscure". The language in Section 4 of the 14th is pretty damn clear.

As I (and others) have brought up in other posts, the danger of invoking the 14th is the current composition of the USSC. They wouldn't take more than ten seconds to shoot it down for some dumb reason and set a precedent that negates the validity of that section. I'm sure a sane USSC in the future would reverse their stupidity, but that's assuming we actually have a future. Your approach could actually work. The GOP has repeatedly shown their contempt for the law but I'm sure they would accuse Obama of everything imaginable. Legal or not, he would still have the 14th to fall back on but it would be one hell of a gamble with this USSC in place.

[Ship of Fools]

4. Would SCOTUS really put us into default?

Particularly with Thomas & Scalia on board? That's the other side of the argument, I think. Personally I hope a clean bill might pass (dream on, right?), because love him or hate him, if Obama gets reelected, the repukes will spend FOUR FULL YEARS trying to impeach him. Talk about nothing ever getting done again (unless, of course, Dems demolish them in elections, which would be awesome.)

[HopeHoops]

5. Yes, I believe the asswipes would.

[KittyWampus]

3. Politically, that gives strenght to the Republican talking point Obama is a dictator.

It allows the Tea Baggers to declare victory to their rabid followers.

It will generate a circus as it's challenged on Constitutional grounds.

[ladjf]

6. I believe that the current situation would justify the unilateral

move by the President. Somehow, I don't see Obama having the courage to make such a bold move.

[ashling]

7. Just ignore the debt cieling

Announce that the debt ceiling is unconstitutional insofar as it keeps us from meeting current obligations.