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-- -- President Obama may be sending a message to our gridlocked congress on the debt ceiling debate.
Do your job or I'll do it -- If the house and the senate.
Want to give me the authority so that they don't have to.
Take these tough votes.
If they want to put the responsibility on May either raise the debt ceiling on that would -- it.
But if they want to keep this responsibility than they need to go ahead and get it done.
But if they don't -- the president bypass the congress using the fourteenth amendment former federal prosecutor Doug burns joins me now.
That great to have you back on the show let me just start by reading this amendment -- the people get a sense of what it says.
Is this the validity of the public debt of the United States authorized by law including debts incurred for payment of pensions and bounties for services and suppressing.
Insurrection or rebellion.
Should not be questioned it sounds pretty dramatic when -- right.
This thing well it's interest thing the -- -- we're all remember from high school was a reconstruction amendment in 1868.
Right after the civil war.
And the most important things that -- that is it granted full citizenship to African Americans.
Thus overruling the Dred Scott case may remember that that's not what we're talking about here equal protection due process -- put that to decide section four of the fourteenth amendment.
Was enacted having to do with the debts coming out of the civil war and what we're happy for the -- which are heavy for the south caused by the way France and England loaned money to the confederacy.
Right and so.
That was it you know it's so it's injected just goes to the -- constitution on houses do you and analyze this based on the intent that the time people who talk about original intent or do you look merely at the text.
Our next door right out of now Democrats -- re right up Schumer Dick Durbin are -- -- -- you can use the fourteenth amendment here to say.
You know I'm just gonna give myself.
You know that power here to raise the debt ceiling now -- to me I got a job I'm not a constitutional scholar but that to me is an imperial president.
A few more constitutional scholar than you think because they grew -- a 1000% and the reason I -- I see nothing in that language by the way that I look that.
Tom that indicates that the president whenever unilateral right -- to raise the debt -- and frankly I'm a little puzzled because top law professors are split.
And I don't know where those professes -- coming from honest -- -- say that.
They actually think it's viable until last time anybody use this club nobody ever used it it's a race that -- -- -- there was a case in 1935 okay at.
Called Perry in the US Supreme Court and Charles Evans used apparently indicated that congress.
Could not invalidate a bond and therefore it kind of implied theoretically -- that the executive could opt to that -- Add to stretch -- -- other going Israel that would cap the margins the interpretation yes sounds like.
Just -- the question so if the president were to do this right when the GOP -- You know.
Hand this lawsuit well I will White House -- won't give restoration present a little credit -- on this he does not appear to endorse the viability of this.
And he has said but what is -- the whole topic up in courts for at all perhaps lower this will.
Go immediately into court there's no question madam by the way I'm -- -- -- -- because there's a very big issue about what we call standing.
And a lot of the professors and experts are saying that he would need a joint resolution of both houses of congress -- I didn't get independent court that's not that perhaps not.
Not ever gonna happen some the prediction and crystal ball real simple the president is not repeat not -- use this provision to unilaterally.
Increase if he's basically said as much and in the clip you showed he said look if you wanna agree.
And throw it to me that's what you think he means there are like a -- as -- as -- here as long as you're here yes the trillion dollar crop I love this.
I read -- articles on the -- and they said -- -- not that there's a loophole in federal law which I'll make it real simple keep it simple for everybody.
That the US men could meant to trillion dollar -- deposited in the Federal Reserve account.
That's I think it'll be technically -- -- -- it.
You know what there's not just the court what everybody says also the court of opinion everybody else's opinion would not go friend Jerry to say you solve the problems by printing money what is the new version we solve it by men -- half my -- Right thanks for coming on tonight -- good to see you thank you trillion dollar when.
And somebody would put it -- I think any Barney division out there somewhere.