Recent discussions surrounding the U.S. debt ceiling crisis have brought the 14th Amendment into the spotlight, as President Joe Biden, former adviser Laurence Tribe, and other legal experts have considered invoking the amendment to address the crisis (CBS News; Politico).
The 14th Amendment to the United States Constitution addresses citizenship, due process, and equal protection under the law. Section 4 of the amendment states that “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” (TIME).
Legal experts have debated using the 14th Amendment to bypass the debt ceiling crisis, as failure to raise the debt limit could lead to a default and severe consequences for the U.S. economy. However, the amendment’s application remains a contentious issue, with Treasury Secretary Janet L. Yellen stating that such an invocation would be “legally questionable” (The New York Times).
Biden himself expressed concerns with the 14th Amendment as an option due to potential legal challenges that might arise if invoked, with White House officials also believing the move to be risky (USA Today; The Washington Post). However, the administration has not entirely ruled out its usage in ongoing debt ceiling negotiations, as President Biden has used it as leverage to pressure Republicans who remain unwilling to budge on debt ceiling talks (The Hill).
Legal experts have proposed using the 14th Amendment as a creative solution to circumvent the debt ceiling altogether (CBS News). However, it remains an untested legal theory, leaving uncertainty in its effectiveness for dealing with the debt limit crisis (TIME).
The debt ceiling itself is a cap on U.S. government borrowing, with the term “debt ceiling” often evoking images of austere and restrictive government spending (Bloomberg). Though the Biden administration is weighing the risks and benefits of using the 14th Amendment, it’s clear that the debate surrounding its application in the debt ceiling crisis is far from over (Yahoo News).
