For weeks, liberal legal academics have been arguing that the fourth section of the 14th Amendment forbids Congress from defaulting. "The validity of the public debt of the United States, authorized by law...shall not be questioned," it reads. More recently, Democratic members of Congress have been eyeing this interpretation as a sort of escape hatch: Why should we be debating raising the debt limit on the GOP's draconian terms if the Constitution says Congress can't force a default.
But Democratic leaders and the White House have thus far pursued standard legislative negotiations, and, according to multiple aides, the question of Constitutionality hasn't come up in those discussions. President Obama declined to comment on the Constitutional question in his Wednesday press conference.
"It's worth exploring next time around," Schumer said. "But it hasn't been examined enough to deploy it this time."