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WASHINGTON (AP)—House Democrats are saying that President Barack Obama should invoke a little-known constitutional provision to prevent the nation from going into default if Congress fails to come up with a plan to raise the debt ceiling. Rep. James Clyburn, a member of the Democratic leadership, says he told fellow Democrats Wednesday that Obama should both veto a House GOP plan for a short-term extension of the debt ceiling and invoke the 14th amendment, which says that the validity of the nation's public debt “shall not be questioned.” The White House has rejected resorting to this legal tactic to keep the nation from defaulting. But Democratic Caucus chairman John Larson said that with only days left before Treasury's borrowing authority lapses, “we have to have a failsafe mechanism.” The specific passage from the 14th Amendment: Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. TRANSLATION: President Obama can conceivably say “screw you” to John Boehner and the Tea Party and prevent economic armageddon by himself.
The 14th Amendment
As the clock ticks towards default and Congress appears hopelessly dysfunctional, more and more members of his party are urging President Obama to act on his own and consider using the 14th Amendment to unilaterally raise the debt ceiling. Bill Clinton is the highest profile Democrat to suggest Obama can use this obscure Constitutional clause to prevent an economic calamity. While Republicans have threatened to sue and even impeach Obama if he invokes the 14th Amendment, most legal experts say it would be very difficult to challenge his executive power in court.
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