First, the full text of Section 4:
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
HISTORY
The 14th Amendment to the US
Constitution was hotly contested, hence its rather circumspect
language. See, in the Constitution, words mean exactly what they say,
no more and no less. This amendment was adopted in 1866, in the wake
of the Civil War. Mostly, this one was designed to ensure that blacks
were citizens with the same full legal rights as whites, an idea that
was revolting to the South and even some in the North. Section 4 was
included to ensure that states south of the Mason-Dixon Line would
regard debts incurred by the Lincoln government fighting the war
would be recognized as legit for all.
“Questioned”?
In the past several days, I have heard
any number of “opinions” about the meaning of this word, and
therefore its implication. Problem is, this sentence has never been
litigated up to the Supreme Court, and its correct Constitutional
meaning has never been determined. In particular, I am not convinced
that reneging on Treasury debt is the same thing as 'questioning the
validity' of same: it just means you are a deadbeat, but not
necessarily contesting the legitimacy of the debt. It might mean
that, but this has never been determined. If I am not correct about
this, please do put the Supreme Court case reference in the response
box below, won't you?
Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
OK, this is the funny (i.e. strange,
not funny ha-ha) about this. It is the House, not the Executive, that
is tasked with enforcing this amendment. Therefore, if Barry tries to
enforce this part, is it Constitutional?
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