Friday, July 01, 2011

SECTION 4 OF THE 14TH AMENDMENT TO THE RESCUE?

(h/t Jonathan Chait)

I initially thought this was Bagger-thinking from the Left but according to Jack Balkin, it really may apply:
Like most inquiries into original understanding, this one does not resolve many of the most interesting questions. What it does suggest is an important structural principle. The threat of defaulting on government obligations is a powerful weapon, especially in a complex, interconnected world economy. Devoted partisans can use it to disrupt government, to roil ordinary politics, to undermine policies they do not like, even to seek political revenge. Section Four was placed in the Constitution to remove this weapon from ordinary politics.

No comments: