Washington, DC -- Congressman Eliot Engel (D-NY-17), with colleagues Rep. John Garamendi (D-CA-10), Rep. Sheila Jackson Lee (D-TX-18) and Delegate Donna Christensen (D-Virgin Islands), called for President Obama to invoke the 14^th Amendment of the Constitution to raise the debt ceiling as a “failsafe” method to avoid a government default. They held a press conference at the symbolic corner of 14^th Street and Constitution Avenue in Washington to highlight the call for invoking the constitutional option.  The 14^th Amendment was officially certified on this day in 1868.

The lawmakers said the 14^th Amendment prohibits the United States from defaulting on the public debt.  The exact wording states, “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.” 

“We are five days until our country defaults on its debt for the first time in its 235-year history.  It is incredibly irresponsible that it has gotten this far, and for me, completely unacceptable for the burden to be placed on our working families, low-income individuals, and our seniors and retirees.   Should bipartisan negotiations fail, I would encourage President Obama to continue the discussions for a long-term budget plan to prevent the debt from growing even more.  However, they should be done without holding the United States debt hostage.  While I am hesitant to have Congress defer to the Executive branch, it is clear that the dangers of defaulting on our debts have been considered a major concern for 150 years. The Tea Partiers call themselves Constitutionalists but are willing to violate the Constitution,” said Rep. Engel.

“I prefer a clean debt limit vote or a reasonable compromise that balances smart revenues and targeted cuts. Because of brinkmanship tactics by the Republican fringe, this option is less likely by the day,” said Congressman John Garamendi. “We’re here today to let the President know that if he wants to use the 14^th Amendment to avoid an easily preventable Republican-manufactured financial crisis, there are many Members of Congress who have his back.”

Rep. Jackson Lee said, “For too long now, Congressional Republicans have held our economy hostage, and they are now driving America and the world to the brink of economic catastrophe.  If Congressional Republicans fail to agree to a compromise to raise the debt ceiling, then I urge the President of the United States to use the Constitutional authority granted under Section 4 of the 14^th Amendment to raise the debt ceiling in order to protect the American people from harm and to ensure the stability of the global economy.  Our President can be the champion of this Nation by acting to protect vulnerable Americans and America’s full faith and credit.”  

Del. Christensen said, “With the clock running and no sign of a resolution to the House –Senate impasse in sight, as well as uncertainty as to where the cuts would come from in either bill, a clean debt ceiling lift is what is needed. But should all else fail, to avoid default and threats to the wellbeing of our fellow Americans, I join my colleagues in calling on the President to invoke his authority under the 14^th amendment to lift the ceiling and meet our obligations. It is the responsible and necessary thing to do for seniors, people with disabilities, our military, our children – for all us, and most importantly for the full faith,  good credit and security of our country”

The call is for the President to take the debate on the debt to another room, one that is not so risky for the nation, and the world’s, economy.  The economy should not be forced to face a reality where markets are spooked, the country’s credit rating is downgraded and the foundations of our entire economy are put at risk. The consequences could make the 2007-08 deep recession look like a bump in the road.

The statutory debt ceiling has not been challenged directly in court, but the 1935 U.S. Supreme Court case Perry v. United States addressed the constitutionality.  It stated,

While this provision was undoubtedly inspired by the desire to put beyond question the obligations of the government issued during the Civil War, its language indicates a broader connotation. We regard it as confirmatory of a fundamental principle which applies as well to the government bonds in question, and to others duly authorized by the Congress...we [cannot] perceive any reason for not considering the expression “the validity of the public debt” as embracing whatever concerns the integrity of the public obligations.

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