White House Rules Out Constitutional Option On Debt Ceiling: Report

Prof. ROSEN: Exactly so.

BLOCK: All of this, do you think, just a lot of grist for constituti­onal scholars, 14th Amendment scholars in particular­, and no real political reality?

Prof. ROSEN: It could have political consequenc­es. We shouldn't for a moment dismiss the possibilit­y that serious constituti­onal arguments about clauses that haven't thought of for a long time can transform political debates. In Bush v. Gore, in the healthcare argument, these are all cases where the constituti­onal arguments were made up on the fly. But that doesn't mean that they're not plausible.
The truth is that the situation today is similar, although not identical to the one that confronted the nation right after the Civil War. And the arguments on both sides are strong, plausible and deserved to be debated in the public arena.

What's significan­t here is the matter of standing.  Only Congress would have standing with the USSC, both chambers, and the Democratic­ally-contr­olled Senate is not about to sign onto a joint resolution to sue Obama.
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