…The Public Debt Of The United States… Shall Not Be Questioned…

If I had a chance I would wallow in US constitutional law for no other goal than to enjoy how the flow if words can be used and misused and wondered upon. Consider the fourth section of the 14th Amendment brought in after the US Civil War. It has an interesting application – of some sort – today:

…It is inconsistent with the political context that produced Section 4, because it would not give the Republicans the sort of assurances they needed. We should interpret section 4 so that it solved the political problems that the Republicans wanted to solve. If our proposed interpretation does not solve those problems, it is very likely that we have picked the wrong reading. I begin with the assumption that the central purpose of section 4 was to prevent the Democrats, once they regained political power, from repudiating the Union debt– including pensions and bounties. To use my colleague Jed Rubenfeld’s language, this was the “paradigm case” of what Section 4 prohibited. But what if the Democrats did not officially repudiate the Union debt but but merely chose (or threatened) not to repay it?

Flip the Democrats and Republicans and more it 145 years into the future and we are looking at today’s news: “The Obama administration and congressional leaders are working to complete a deal on a long-term budget reduction package…” So, if the talks fail and a default on the debt occurs, is that the “questioning” that the section refers to? “Questioning?” What a horrible word to place in a constitution. Questioning occurs before there are facts known. I question my kid when I find his room overly messy. I question claims made my individually wrapped snacks as to their healthiness. What the heck does “shall not be questioned” when placed in a constitution?

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