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Dissecting the 14th Amendment

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    Judge Andrew Napolitano breaks down the 14th amendment and whether the president can use it to raise the debt ceiling.

  • Duration 3:13
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Four of the fourteenth amendment the validity of the public debt -- the United States shall not be questioned.

Is that sufficient authority for the president of the United States to say.

Don't you question Alan debt we're gonna raise the same period absolutely not is not now because they they constitution itself says that only congress can raise money.

Only congress can can spend money and only congress can -- money the president knows that.

Every single president from Woodrow Wilson to Barack Obama when they want to raise money goes to the congress gets permission for prior Woodrow Wilson.

One the government wanted to borrow money congress needed to approve each and every borrowing.

So they need to approve the identity of the of the bond -- the person was actually loaning it and the terms of the loan.

From 1979.

Congress just said okay you can borrow another 25 billion -- divide and upn and get the money however however you want.

And the president knows that that phrase.

And the public debts of the United States should not be question has this historical context the fourteenth amendment as one of the three post civil war amendments.

So in order for that six CC in southern states -- returned to the union they have agreed to adopt the thirteenth fourteenth and fifteenth amendments and the fourteenth amendment says.

The public -- -- the United States shall not be question because one of the debts that the federal government still had to pay after the civil war.

Was the debt incurred by fighting the civil war and who was gonna pay that.

The returning southern states yet as well as the -- -- lost -- -- correct law it prevented them from saying we're not going to pay our assessment.

In a -- income tax era.

A blessed era in American history -- income tax when the feds needed money they assess the State's money based upon the population of the state.

This prevented the seven states and saying.

We're not gonna comply with this assessment.

Because this is to pay vendors who sold -- material that you used to attack us with it prevented him -- -- Act now.

Real fast this is an end run around congress is it not if it if you -- -- if it were to happen it would be a profound end run around congress and you I would ask you who would lend money.

To the United States of America without the full faith and credit of the government to promise to pay -- -- the president's promise.

He it's not gonna be president forever when he would send an extremely negative message to investors and governments and people all around the world.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- On his own the constitution couldn't be clearer all right god -- question is.

When is less than mrs.

Pelosi and company read the constitution.

I I know that's in the that's up -- -- -- Judge thank you very much today but I to have him feel a bit earlier than usual was happy to be -- talked.