think any american wants to default. but as we head toward a possible default, it should be understood that the 14th amendment, section four, says the united states essentially has to pay its bills. some could incorporate it. the president could end up becoming more powerful if congress fails to act. martha: it is an interesting theory and could essentially play out. i'm curious what your answer would be in terms of congress and their failure to come up with a budget for five straight years. hahaving also negated their constitutional duty to formulate a budget. >> you can absolutely say that. my concern is that the institution of congress be protected, the founders created congress as a branch of government first among equals as article one creation. we're in a position where the congress by failing to act could essentially cede power to the