The 14th Amendment
As the debt ceiling talks continue to deteriorate into nothing more than school yard standoff, Many democrats are pushing for President Obama to bypass Congress and cite a small provision in the 14th Amendment. The section the Democrats are referring is in Section 4.
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.
Of course they only recite the first sentence of the section. As the text is written, yes, the United States does have an obligation to pay all debts. As any responsible adult should, so should the country/government . The problem I have with the Democrats and the Obama Administration is that they easily omit the most important part of the 14 amendment (in my opinion), Section 5 which reads…
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
I can see why the president and the Democrats in Congress would want to ignore (or fail to mention) section 5. Because as it reads, the legislation branch holds the power of the 14th amendment, which is Congress, not the president. If Obama does overstep his boundaries of the executive branch of the federal government to raise the debt ceiling without the appropriate bil from Congress, it will be an impeachable political move. Obama has said (as well as the media), that he is a Constitutional scholar and understands the Constitution better than anyone. If that’s the case then he also knows the truth about this section and will not enact it. Obama and his aides know that he lacks the Constitutional power to do so, but that doesn’t mean the the Democrats and others alike aren’t pushing for him to change his mind.
So since we’re looking at the 14th Amendment, let’s look at Section 3 for just a moment…
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
As the text reads, neither the president, vice-president or any member of Congress shall engage in insurrection or rebellion against the Constitution or given aide or comfort to an enemy of the document. So I guess our executive and most of the legislative are already in violation of this amendment. The Health Care bill, Cap and Trade are just two of the most recent violations against the Constitution, I won’t even try to go back as far as 30 years where there were so many other violations we can consider.
Tags: amendment, Congress, constitution, federal government




