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    Democrats say Obama should invoke 14th Amendment

    WASHINGTON (AP) — House Democrats said Wednesday 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 of South Carolina, a member of the Democratic leadership, said he told fellow Democrats that Obama should both veto any 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 tactic to keep the nation from defaulting, questioning its legality, but Rep. John Larson of Connecticut, who chairs the Democratic caucus, said "we're getting down to decision time" and "we have to have a failsafe mechanism and we believe that failsafe mechanism is the 14th Amendment and the president of the United States."

    Larson said Clyburn's proposal on the 14th Amendment was met with applause by other Democrats at their meeting.

    White House spokesman Jay Carney, asked about Clyburn's proposal, said only Congress has the authority to extend the government's borrowing authority. "The president does not have authority to raise the debt ceiling. It's not a plausible way to address this problem and we do not think it is an option," he said.

    The Democratic leaders said the vast majority in their party still support a plan for raising the debt ceiling and cutting spending put forth by Senate Majority Leader Harry Reid. But they said the inability of the government to pay its debts could drive up interest rates and affect millions of Americans forced to pay higher mortgages and higher interest on student loans.

    Rep. Xavier Becerra of California, the assistant caucus chair, said Democrats are telling Obama, "Mr. President, Republicans through their failure have given you license to do whatever it takes to not let the American family go down into that abyss with House Republicans."

    The post-Civil War 14th Amendment guaranteeing citizenship to all people born or naturalized in the United States contains a provision that "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."

    Some legal scholars have said the president can invoke that clause to keep the nation from defaulting on the debt, although there is no legal precedent for such an action.

     

    1,632 comments

    • Mary  •  9 mths ago
      I love how people are comparing 2006 to 2011. Doesn't anyone understand the word repercussion? Cause and Effect?? Bush was the cause...our economy is the effect. Obama still opposes raising the debt. This is something that HAS to happen. Why is our country becoming so ignorant. It truly makes me sad.
    • painted horses  •  10 mths ago
      WOW THE 2 PARTIES CANT EVEN AGREE WITH WHAT THE CONSTITUTION SAYS ? NO WONDER WHY WERE IN SUCH DEEP #$%$ !!!
      • Belatrix 10 mths ago
        The Supreme Court does that.
      • Elliot 10 mths ago
        Belatrix is exactly right. That's the whole purpose of having the Supreme Court. To interpret the Constitution. The fact that there are so many different possible interpretations of the Constitution is key to understanding US history from the founding of the United States (not 1776) all the way to this present crisis and everything inbetween.
      • NevadaPhil 10 mths ago
        Painted Horse gets it right...even the Democrats cannot agree on their interpretation of the Constitution. Sorry to be so cynical but when did the Constitution really matter in the last 40 years of American politics?
    • Ted  •  10 mths ago
      Well I question the the validity of the nation's public debt. And I question the integrity of the fools that voted for that debt build up over the past 10 years. I also question the intelligence of the fools, the same fools, that voted for that debt each year from 2000 until last year but cannot see the damage that they have done and are doing. Headlines today address the damages already starting to appear in our markets and around the world. IDIOTS!
      • De Greaser 10 mths ago
        @ Ted the answer to your Question on where the fault is The Democratic Congress and Senate under the guidance of non other than Nancy Pelosi and Harry Reid .
      • ScottB 10 mths ago
        De Greaser watches too much fox news. study your government for yourself. dont just beleive somebody else's misguided study. I blame those who benefited the most from the mess. The uber rich&powerful set this mess up. They now buy and sell politicians at will to get their tax breaks and wars going. Citizens United made it 'legal'. As soon as Obama said "bring the troops home" the 'cons' have fought it all the way and every way. Thats who benefited.
      • Garys O 10 mths ago
        10 years? Are you 10 years old? Johnson started our public debt.
    • over here in this line  •  10 mths ago
      Most of our elected have become unqualified to make the proper decisions,
      and as a failure in job perform, should resign.
      • plain truth joe 10 mths ago
        Sounds like you are tired of obama.
      • JC123 10 mths ago
        Tired of all of them. They're experts at getting elected and blowing with the political wind. They are not leaders, and certainly have no idea how wealth is generated. They're politicans and muck about, they will.
      • Steve 10 mths ago
        We the People Vote
    • Elizabeth  •  10 mths ago
      Hmm, but there IS clear language in there that pensions and the services of soldiers are to be paid, regardless.
      • rocketman 10 mths ago
        ok so the soldiers will be paid and the pensions but what about those that raised them? the elderly, guess they will have to go back 2 work at McDonald's or Walmart to live. Oh wait guess the ones in nursing homes that can't care for themselves should just be left on the street corner.
      • Frederick 10 mths ago
        Insurrection or rebellion is the criteria for payment. I agree that ALL Civil War Vets should be paid, if they are still alive. That's what that part of the #14th means, Certainly not a way to Increase the national debt.
    • Rick  •  10 mths ago
      "It has been, and always will be, all about POWER. Legislators on both sides of the isle don't care about the common people. They are all rich, they ALL serve their overlord LOBBYISTS and the oligarchs they represent, NOT the common American citizen who voted them into office. They lie, they cheat, they steal, they propose themselves special contracts and contracts for their political contributors. It is a game of elitist corruption, pandering and disgrace beyond your wildest dreams...as in nightmares. We MUST force term limits, and we MUST eliminate any and ALL lobbying. If we fail, then WE will continue to endure this useless, ridiculous insanity that is called "government." It is only political rancor and rhetoric centered around POWER, none of which is helping you, or me..we pay twice, three times, maybe four for their folly and POWER GAMES at our expense. Until we have term limits, you will only change the faces, but not solve the corruption problems. Vote them all out now, force term limit for ALL seats and make lobbying illegal. TAKE BACK OUR COUNTRY, OUR GOVERNMENT...LET IT BE BY THE PEOPLE...FOR THE PEOPLE...COMMON PEOPLE!!"
      • Jackie 10 mths ago
        You are so right Rick.To damn many people in congress , SANATORS/LOBBYISTS/do for our country and not other courtrys. why can't we use our own oil?Our country has become a sad place.The people in Washington can't even see it.All they want is for the rich to get richer & the poor get poorer.
      • We The People 10 mths ago
        It will be tough to break the party mentality?
      • dennis 10 mths ago
        spot on. we need to get money out of politics. the campaign donors own the politicians
    • Maxhnb  •  10 mths ago
      Before you all go off on Obama and everyone else...try going off on you and who you have been voting for or havent because it wasnt your son being shot over in Iraq, or your Social Secuirity that was threatened or your taxes going up. Either you voted for the wrong people or you didnt vote. You dont get to blame anyone else for the people you put in office screwing up.
    • YOU ELECTED THEM...  •  10 mths ago
      The Democrats and Republicans have been using the constitution in the congressional and Whitehouse bathrooms for years! And not for something to read either!!! They flushed the 14th Amendment a long time ago!!!! It is time to flush these two parties!!!!
    • K K  •  10 mths ago
      I used to be a democrat, I was never a republican, and now consider myself neutral. I highly dislike both sides. I think Congress has forgotten they work for the American people not for themselves. It's time for Americans to remind Congress that they work for us, not the other way around. Middle and lower class Americans have always had to live on a budget and we can't spend more then our creditors give us. Apparently, our government does not practice what they preach. If we voted into Congress mainstream middle class Americans I bet this entire debt crisis would've been decided months ago. Clearly if we leave balancing a budget to the rich they don't know how to resist their greed!
    • Bruce  •  10 mths ago
      IT IS TIME FOR THE CONGRESS AND THE POTUS TO STOP PLAYING GAMES WITH THE ONLY PRIZE BEING REELECTION! THESE ARE SUPPOSED TO BE THE LEADERS OF THE USA, WHEN ARE THEY GOING TO START TO LEAD,AT THE RATE WASHINGTON IS GOING THERE WONT BE ANY THING TO GOVEREN!
    • trubeliever64  •  10 mths ago
      It's too bad that this debt crisis has actually pitted Americans against each other (Republicans bashing Democrats, and vice versa). I thought we were all in this together. We're no better than the politicians in office playing with our futures to see who wins if we bash and insult each other. Neither party has our best interests in mind at this point. They're too busy bashing each other, we need to pull together and tell both sides to get their poop together and grow up!
    • A Yahoo User  •  10 mths ago
      Maybe "They" should just restore the Constitution. After all.. It is the supreme law of the land.
    • Andre  •  10 mths ago
      These articles are stupid. The President doesn't have the option to "invoke" the 14th. He can't raise taxes either. This is the job of the Congress....which obviously, they aren't capable of doing right now. :)
    • Rich  •  10 mths ago
      A Great Quote.
      “The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a sign that the US Government can not pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies.
      …Increasing America’s debt weakens us domestically and internationally. Leadership means that ‘the buck stops here'. Instead,Washington is shifting the burden of bad choices today onto the backs of our children and Grandchildren.America has a debt problem and a failure of leadership. Americans deserve better.”
      SENATOR BARACK H. OBAMA, MARCH 2006
    • dale d  •  10 mths ago
      So, why do we have a Checks and Balance for? If we are going to let our leaders do whatever they want, whenever they wqnt, does it really matter?
    • Whatever.....  •  10 mths ago
      I's the republicans fault...nonono it's the Dems fault...nonono wait it is all bushes fault..nonono it's obamas fault..how about its anyone and everyone connected to the white houses fault! Yeaaaa
    • Kulahptik  •  10 mths ago
      How about not spending money we don't have. bring our troops home. post them on the borders and you will save so much money we would not have to raise the ceiling and would be able to pay down what we owe. paying down principle is what americans have finally figured out needs to be done with their personal finances and it is time for our government to catch on. How did we elect people with less common sense then the rest of the entire country?
    • Randy  •  10 mths ago
      We citizens should invoke the 10th amendment and strip congress of powers it is not authorized to have but they wield anyway because they are power hungry. Those powers belong to the States.
    • Roger  •  10 mths ago
      The 14th ammendment speaks to the validity of debt incurred to but down the insurection. That debt was approved by the congress, as it stood during the civil war. The 14th it does not impower the executive branch to spend money, spending and taxes much originate in the House. Will someone please read the Democrats the constitution that they swore to uphold!!
    • Kellerbier  •  10 mths ago
      That 14th amendment has nothing to do with this situation we are in. Just another lie to steal even more money until the 11th hour. If the constitution was actually followed, we wouldnt be in this mess right now.
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