In a recent New York Times op-ed, legal scholars Eric A. Posner and Adrian Vermeule argued that President Obama has the authority to unilaterally raise the debt ceiling before the August 2 deadline, and not because of article 4 of the 14th amendment. That authority would be based on “. . . the president’s role as the ultimate guardian of the constitutional order, charged with taking care that the laws be faithfully executed.”
That’s a solid argument because the country’s national and economic security are at stake. In the authors’ view, it’s a win-win situation for the president, because the public wants a deal, and it would showcase his leadership and the Republicans’ obstructionism.
The authors are professors of law at the University of Chicago and Harvard respectively — no slouches. Theirs is a compelling argument that I hope reaches Obama’s ears.