Not raising the debt ceiling would be unconstitutional

Now, however, conservatives opposed to a debt-ceiling increase argue that the 14th Amendment applies to old debt, not debt that will be taken out in the future. Of course, that is true. Also true, however, is that the debt America sells today is used to make payments due on already assumed liabilities – the very debt protected by the Constitution. (Americans by and large don’t understand this either, thinking erroneously that proceeds from new debt sales are used to pay for future spending.)…

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What happens if Congress doesn’t act? Some opine, probably correctly, that the House will impeach Obama if he moves unilaterally on the debt ceiling after the House declines to act. But others argue that if the House does nothing, and Obama refuses to step in, impeachment would then indeed be appropriate.

“Obama should be impeached if the Congress allows a default and he does nothing,” said Sean Willenz, a Princeton University history professor who has argued the merits of 14th Amendment action. “The president has taken a solemn oath to preserve, protect, and defend the Constitution of the United States. If he does not act in response to a blatant violation of the Constitution, then he will have violated his oath, and deserve to be impeached.”

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