No local, state or federal law can violate the U.S. Constitution. Neither can a policy of Congress. The 14th Amendment of the U.S. Constitution states that this country’s public debt “shall not be questioned.” Obviously, because of disagreements between congress and the president over the federal budget, the country’s public debt IS being questioned. So…

So this coming Thursday or Friday, if Plan B C, or D fails to raise the debt ceiling, to prevent a default that would most certainly call the value of our public debt into question, the president should evoke the 14th Amendment and simply instruct the Secretary of the Treasury to keep borrowing and keep on paying the government’s bills.

What will happen then? And more important, what won’t happen then?

The Tea Party reps in congress will immediately holler foul and challenge the president’s action in court, a place where even White House lawyers, according to media reports. “are not persuaded” that this presidential action will ultimately be upheld. But so what.

It will take time, days certainly and probably weeks if enough lawyering is applied, to get this move declared unconstitutional, after which it will take more time for the president to comply. And during this time the debt ceiling hammer that Tea Partiers are now trying to use to force their fiscal and economic agenda on the country will fade from view because whatever a court says, a determined president can diddle with compliance for a very, very long time.

Now the really good part. The debate over federal spending and taxing will become what it should always have been — a debate that takes place within the context of fashioning an annual federal budget.

I’m a progressive. I think the case people such as myself can make in this realm will force Washington to fashion a budget that relies far more heavily on taxing the well-to-do, and far less on squeezing already badly squeezed poor and middle class Americans. I also believe that the Tea Party has very badly overplayed its hand, and can no longer con voters into believing that they only want to remake government in sane and prudent ways.

That’s what I believe. That’s why I’m looking forward to a public debate on the budget after the debt ceiling terror has been flushed.

Is the Tea Party? You betcha. How could it be otherwise? This party’s leaders, after all, are gutsy guys and mama grizzlies with titanium spines.

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