House Minority Leader Nancy Pelosi, in a meeting with journalists today, announced her support for using the 14th Amendment solution to surmount the debt limit.
During last year’s debt limit debate, many commentators observed that the 14th amendment comes in conflict with the notion of a debt limit, as it says, “The validity of the public debt of the United States, authorized by law, including debts incurred for payments of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.” Ultimately, President Obama said that his lawyers informed him that “was not a winning argument.” But months before a new debt limit showdown, Pelosi is coming out pretty strongly in favor of using the so-called “Constitutional option.”
She at first referred to this possibility obliquely while making a larger point about the lack of cooperative spirit between the Republican Party and the Obama administration, but clarified her stance in response to further questions saying “I would like to see the constitution used to protect the country’s full faith and credit.” She didn’t offer a legal argument in favor of the position, but argued on policy grounds that “you cannot put the country through the uncertainty” again, noting that America’s sovereign debt was downgraded by ratings agencies in the wake of the standoff even though it was successful resolved.
“This isn’t just about credit ratings,” the said, “it’s about the dynamism of our economy.”
This is certainly the first public expression of Pelosi’s support for this maneuver, although House Democrats claimed she supported it previously. One clear thing this does, if it becomes consensus opinion in the party, is that it removes a bit of leverage from Republicans. They used the debt limit last time to wring out long-term spending changes worth trillions of dollars. And they have been planning to use it again, paired with the “fiscal slope” of tax and spending changes set for the end of the year. If they don’t have the debt limit to hang over the heads of the opposition, suddenly the leverage switches to Democrats, because by doing nothing, the Bush tax cuts will expire and the defense spending cuts will trigger.
The key to this strategy would be convincing President Obama to threaten its use. As stated earlier, he didn’t seem keen last year, but of course he was also chasing a grand bargain on a parallel track and in some way wanted the debt limit as a forcing mechanism. I don’t know if the calculus has changed in the White House, and much will depend on the elections. But it doesn’t seem like a federal court would force the Treasury Department to stop paying debt, if the 14th Amendment option were invoked. In other words, this is an option well in the realm of possibility. And the Administration definitely acknowledges that they want no part of another economically bruising debt limit fight, which had a material impact last year on GDP and job growth.
Either way, it’s a pretty bold opening move by Pelosi.




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As stated earlier, he didn’t seem keen last year, but of course he was also chasing a grand bargain on a parallel track and in some way wanted the debt limit as a forcing mechanism.
Didn’t his poll numbers drop last year around this time because of this whole nonsense? Maybe that, and the GOP’s welching on the deal they struck, convinced him there are other options that could be used. After all, I doubt Pelosi would do this unless PBO had a change of heart.
Anyone here actually expect the Democrats to take a stand and stick to it????
Maybe a few days before the election??
“Ultimately, President Obama said that his lawyers informed him that “was not a winning argument.” ; but they can come up with a ‘winning argument’ about killing U.S. citizens w/o Due Process? Sheesh.
I do.
When pigs fly.
Sorry to pile on, but.
This is what’s going to become of this: nothing. Just more noise in the echo chamber.
Tax cuts lead to greater Fees! When Republicans make a Pledge not to raise Taxes, they raise Fees instead which has Americans paying more not less — Clever Tricks!
24 Fees Romney Tried to Raise in MA:
http://bit.ly/…
GOP’s clever by half motto, Restore our Future, is really more like they are trying to destroy our Future!
Obama has been caving a lot lately, seeking votes for November.
Obama was kicking Latinos out of the USA in record numbers, last week he does his own Dream Act? Obama needs a lot of Latino votes this November.
Obama was showing the LGBT community no love for the last 3 years, two weeks ago he comes out in support of Gay Marriage? Obama needs the support of the LGBT community.
WHY is Obama caving? Obama and his political team just realize that a lot of intelligent progressives and liberals will not be voting for him this November.
However, other Dems on capital hill just found out, that the guy in the White House could lose this November and Dems could still win the House and the Senate.
I expect more Democrats in the beltway and outside of the Beltway to take matters in their own hands and ignore the guy in the White House.
Nancy Pelosi probably knows there is a good chance Dems can take the House, and these new Dems will not be friends of the White House.
Keep in mind Obama set records, deporting Hispanics, and now he does his own Dream Act? WOW!
A lot of progressives and liberals will vote for the lower ticket and ignore the top of the ticket, creating a very unique situation in national politics.
Obama knows he needs Hispanics to vote in record numbers for him in order to have a shred of a chance. He couldn’t possibly care less about “progressive turnout.” The number of votes of the leftward end of the spectrum are simply not enough to bother about and the true left have no voices in mainstream media. So he doesn’t care.
An utterly stupid idea.
Where does Pelosi think the money comes from? People buy the bonds.
If there is any question AT ALL about the legality of the bonds issued under Pelosi’s idea, NO ONE will buy them. Therefore, no funds to pay anybody anything.
Besides this, the Treasury can pay the interest due, in lieu of other demands, so no default would occur. they will have enough money to pay the interest, just not enough for everything.
But, that shortfall to pay all demands, in addition to interest, can only be supplied by selling more bonds (what the dispute is about).
If no one buys them, no money.
And bond investors are extremely conservative–not in the political sense.
More kabuki. Zero and Pelosi still want their “Grand Bargain” Simpleton-Bowles ram job on the public. This is just more pre-election posturing.
Yes and No?
The Idea that Hispanics, Blacks, and other Dems will vote heavily for Obama and other Dems will help the bottom half of the ticket big time
However, if intelligent progressives and liberals only vote for the bottom half of the Dem ticket, this could create problems for Obama in swing state races.
Yes! every vote is going to count in November, and Obama is going to need every vote he can find.
I agree Obama use to not care about Progressive and Liberal votes because he thought they would vote for him, ie like they did for Clinton.
Obama will not be getting the angry progressive and liberal vote like Clinton did.
Obama also has big problems with Labor votes, Teacher votes, Fed govt workers votes, etc. Obama has not done any thing for these Dem voting blocks either.
Keep in mind, Obama never thought the 2012 election would be close! Obama thought that conservatives would love him, thus the reason he kept doing conservative stuff.
Obama did not have to deport all of those Hispanics?
now Obama does his own dream act? this tells us, that Obama needs every vote he can find.
the last time I check a large progressive turnout gave the Dems the White House, the Senate, the House in 2008
the progressive vote may give the Dems the Senate and the House, and the lack of progressive votes may give the GOP the White House
IT sounds a lot like Biden coming out for gay marriage. Pelosi offered to stick her toe in the waters this time and see what the response is.
I say YEA!.
I don’t care what he’s done previously, this country needs to MOVE.
I see Ol Bernanke changed HIS position from last week as well, and is doing stimulus:
Fed ramps up economic stimulus, ready to do more
I figure this means Bilderberg picked the president a couple weeks ago and he is going to be Obama. they don’t want THIS economy to tank. After all we ARE the military arm of the NWO, we have to set an example now that their cute idea of austerity is failing so miserably around the world.
As O said to somebody? “Wait until after the election, I’ll have more room to move.”
I don’t think the IMF wants to go quite as far as complete economic global meltdown.
It’s OUR job to get progressives into congress. and it’s looking better now that Holder wants the names of the donors in Rove’s and the Koch’s super-pacs.
I sure hope you’re wrong. Romney is a flat out criminal and the executive keeps accruing more power all the time.
We’ve seen this in the last few weeks of Obama finally USING it.
I don’t know about you, but I don’t want a woman/gay/black hating president sitting in THAT chair just to “punish” Obama.
But, the world will go as it will not as I nor you would have it
That is not right. No one has to buy the bonds. It does not fund the government. The government issues the currency and is not constrained except by self imposed rules like the debt limit from issuing any amount of money it chooses.
I am pleased to see Pelosi suggest this. Another sometime poster on this site, Beowulf, has also suggested thant the treasury can legally issue platinum coins in any denomination , like a trillion dollars directly to the fed. That is another path to take.
I and others have pushed the 14th Amend solution for 20 years – it is a little hard to get heard when you are not in the club.
It could very well amount to nothing at all. But at least there is someone saying something about this truly stupid rule for a governent sovereign in its currency, iie, not at all like Greece or the state dof Indiana, et el.
That is true – indeed we have law http://www.law.cornell.edu/uscode/text/31/5136 that codifies the profit from making coins as a proper function of Treasury (it has always been so )- saying only that a coin of palladium or platinum that can be legally given an arbitrarily high face value are needed – and the suggestion is, since palladium coins are specified by Congress at $25 in face value, that platinum coins be used for the seigniorage profit via issuing proof platinum coins where the face value is arbitrary and has nothing to with the value of the metal.
the $20 trillion dollar coin sold to the Fed by Treasury with proceeds used to pay off the debt – current and future coming from budget deficits, comes from this idea.
A broker has a contract with the treasury to buy the bonds, so selling the bonds is never a problem.
Bond sales are only necessary to comply with an obsolete 100 year old statute. We don’t actually spend the money from bond sales, it just sits in a savings account and earns interest, so bond sales have nothing to do with government spending.
Government spending is performed merely by marking up bank accounts with a computer keyboard.
As Bluedot12 mentioned, the Prez already has legal authority to mint trillion dollar platinum coins which could be used to not only circumvent the ceiling, but also pay off the entire national debt.
Yes, I totally agree. Except I would go for fifty trillion to cover all the coming years until…….
We have too many rules that tie our governments hands.
Absolutely.
That grand bargain needs to be stopped. If there were no debt limit, we would be half way there.
The coin path would avoid the problem of whether the bond market would accept the legality of the debt issuances. May be a bit more stable.
Good point. Hadn’t thought about that.
Now let’s be totally accurate. Holder said it was drone murder of US citizens is justified because they’d employed “due process”, which he took pains to somehow distinguish from “judicial process”.
Not to pick on you in particular, but isn’t that what this whole voting for people for office is supposed to do; make the rep do what you want for your vote? It works better if there is a viable alternative…
That is supposed to be better than who has the most money behind them. It unfortunately also requires people that don’t vote against their own best interests.
Obama was trying to do a Clinton, “A lot of angry progressives and liberals voted for Clinton, angry progressives and liberals will not vote for OBAMA.
Obama and his political team, made a huge mistake! They assume that Obama could do a Clinton, Obama can not do a Clinton.
I expect a lot more caving from OBAMA.
Nancy Pelosi may be buying land in 14th amendment country, just in case Obama loses in November.
The PTB made a mistake putting Obama in the WH, they thought they had a new Clinton, they are about to learn they got something a lot worse!
If Obama cared about Hispanics he would not have deported them in record numbers?
Obama and his politcal team know they have a huge problem with the BASE!
More and more Dems will be jumping off the Obama ship soon.
the USA economy is going no where, it may be a lot worse come November 2012