Can Joe Biden use the 14th Amendment to raise the debt ceiling

Written by on May 24, 2023

Can Joe Biden use the 14th Amendment to raise the debt ceiling?

Shared By Peter Boykin – American Political Commentator / Citizen Journalist

Can Joe Biden use the 14th Amendment to raise the debt ceiling?

The U.S. is roughly weeks away from hitting our ‘debt ceiling’ [the limit on the amount of debt the federal government can accumulate]. As House Republicans demand a commitment to lower spending in exchange for raising the limit, Joe Biden is reportedly considering using the 14th Amendment to raise it himself, without a vote from Congress.

Here’s the $31.4 trillion question: Does the 14th Amendment give the President the power to raise the nation’s debt limit unilaterally, without approval from the legislative branch?

Let’s ask Barack Obama: Here’s what his Press Secretary, Jay Carney told reporters back in 2013 when asked if the 44th President would use the 14th Amendment:

“This administration does not believe that the 14th Amendment gives the power to the President to ignore the debt ceiling.”

Biden seems to disagree with Obama as he told reporters: “I’m looking at the 14th Amendment… I think we have the authority.”

History of the 14th Amendment: It was passed in 1868 following the end of the Civil War, giving citizenship to former slaves and guaranteeing them “equal protection of the laws.”

Buried in Section 4 of the amendment, there’s an obscure line that says: “The validity of the public debt of the United States, authorized by law… shall not be questioned.”

The purpose of Section 4 was to deal with debts incurred during the Civil War.

No, Joe can’t raise the debt ceiling: Even if you ignore that the amendment was meant to deal with Civil War debts, all you have to do is scroll down to Section 5 to debunk any idea that Biden has the authority to raise the debt ceiling.

It says:

“The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”

I’m no constitutional scholar, but I think the text speaks for itself.

[Source: WSJ, Constitution Center, Reuters]

https://www.wsj.com/articles/what-is-the-14th-amendment-and-can-biden-use-it-to-fix-the-debt-ceiling-727499cc

https://constitutioncenter.org/the-constitution/amendments/amendment-xiv

https://www.reuters.com/article/us-usa-debt-whitehouse-amendment/w-house-addresses-14th-amendment-on-debt-ceiling-idUSTRE76S5D720110729

 

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