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A Government Default is Illegal: This is Why - MainStreet
NEW YORK (MainStreet) — A government default is probably illegal.
That's not to say it isn't going to happen. The government does potentially illegal things all the time, that's why we have a Supreme Court. Yet for all our talk of platinum coins and presidential fiat, we in the media have missed the easiest solution of all to the debt limit showdown: the Treasury should ignore it and keep right on borrowing, because that's what the Constitution demands.
This comes from the Fourteenth Amendment. As others have pointed out, Section 4 of the this amendment reads in relevant part that:
"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."
A growing chorus is urging President Barack Obama to exercise this clause unilaterally and solve the problem of American default. This faction argues that default would tautologically call the validity of government debt into question, since it would raise doubt about if and when America will pay its bills. The Fourteenth Amendment specifically says that can't happen. As such, the President can act on his own authority enforce the Constitution and prevent any default.
A Government Default is Illegal: This is Why - MainStreet