Tuesday, January 8, 2013

the debt ceiling and the 14th amendment

I'm a Constitutionalist. I believe what it says matters and should control the actions of government. That's why I believe Congress should always play a role in initiating major military operations. And now, that's why I believe that the President, if faced with a conflict between the debt ceiling law and the clear provisions of the 14th amendment, should invoke that amendment and disregard the law.

I don't like it when Presidents openly evade statute law. I wish President Obama had not already seemed to rule out the option I'm supporting. Despite those comments, I believe he could still keep this option in his back pocket -- and rely on it during negotiations to avid bad outcomes.

I reached this position after more thorough reading of the background on the amendment, especially these persuasive posts by Professor Jack Balkin of Yale Law School.

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