Patriots: For over 26 years, your generosity has made it possible to offer The Patriot Post without a subscription fee to military personnel, students, and those with limited means. Please support the 2024 Patriots' Day Campaign today.

May 24, 2023

There Is No ‘14th Amendment Option’ to Raise the Debt Ceiling

The only option is the constitutional one.

The latest fad theory making the rounds in some Washington precincts is that the 14th Amendment gives President Biden the authority to issue new Treasury bonds unilaterally, if that’s what it takes to pay the government’s bills. If true, it would mean that the statutory debt ceiling is unenforceable and can be breached without congressional approval. That in turn would mean that Democrats need not reach a compromise with the House of Representatives, which passed a bill to raise the debt ceiling nearly a month ago. Biden could simply bypass lawmakers and resolve the impasse on his own.

There’s just one problem with that theory. It’s codswallop.

Article I of the Constitution reserves to Congress alone the authority “to borrow Money on the credit of the United States.” Presidents cannot do so. Section 4 of the 14th Amendment makes clear that the “validity” of America’s “public debt … shall not be questioned” but it doesn’t infringe by one iota on Congress’s prerogative to authorize new debt. The clause was included in the 1868 amendment to ensure that the nation’s Civil War debts would be repaid even if Southern members of Congress later objected. It obliges the president, through the Treasury, to pay interest on government bonds as they come due.

But that has nothing to do with the debt ceiling. For all the hyperventilating about the disaster that would be triggered by a US default, the federal government collects far more revenue each month than it needs to meet its debt service. In April, for example, the Treasury reported that the government banked $639 billion in receipts and paid interest of $76 billion. Under any conceivable scenario, the government will have no trouble meeting its contractual debt obligations next month. Nor the month after that, nor the one after that.

To be sure, if the government runs short of cash, it may have to delay some payments. Maybe federal paychecks will be held up, or agriculture subsidies will go out late, or research grants will be postponed, or tax refunds will be slow-walked. But interest on the debt is always paid first, so there is no chance of a default.

When a reporter on Sunday asked Biden about invoking the 14th Amendment to borrow more money, the president should have dismissed the option as groundless. He might have recalled that when the idea was floated during an earlier debt-limit confrontation in 2011, President Barack Obama — who used to teach constitutional law — refused to consider it. Instead Biden said he was “looking into” the notion and that “I think we have the authority.” His only hesitation, he said, was that the inevitable legal challenge might not be resolved before the government ran short of funds.

Maybe Biden was just maneuvering for rhetorical advantage in his stand-off with House Speaker Kevin McCarthy. Or maybe he was just tossing a bone to the progressives in his party who are urging him to disregard the debt ceiling that Congress passed and he signed into law 17 months ago. But on the same day the president purported to “have the authority” to seize the power of the purse from Congress, his Treasury secretary did her best to downplay such talk. “It doesn’t seem like something that could be appropriately used in these circumstances, given the legal uncertainty around it,” Janet Yellen said on “Meet the Press.”

Fortunately, Biden hasn’t repeated his claim. At an Oval Office meeting with McCarthy Monday evening, the president acknowledged that Democrats and Republicans have “got to get something to sell both sides, and we need to cut spending.” That was a decided improvement over his earlier demand that spending reform and a debt-limit increase had to be kept separate. It also harked back to the longstanding bipartisan Washington norm of addressing budget deficits as a condition of raising the debt ceiling.

The 14th Amendment gambit is a red herring. In the 155 years since the amendment was ratified, no president has ever attempted to use it as a justification to bypass Congress and borrow money. How would such non-authorized bonds even be issued? And what investor in his right mind would buy them?

No: The only option is the constitutional one. It took an act of Congress to raise the debt ceiling to its current level of $31.4 trillion; it will take another act of Congress to raise it again. Neither Republicans nor Democrats will get everything they want, but Biden has now put his finger on the critical issue. “We need to cut spending,” he said. Just so. Now work out the details.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.