Biden Threatens to Raise Debt Ceiling Using 14th Amendment without GOP Support

President Joe Biden has asserted his authority to utilize the 14th Amendment to increase the debt ceiling in case Republicans refuse to cooperate with his plan. This statement was made during a press conference held by Biden at the Group of Seven (G-7) summit in Hiroshima, Japan. He mentioned that he is exploring the 14th Amendment to determine whether the administration has the power to raise the debt ceiling without congressional approval, stating that he believes they have the authority to do so.

These remarks by President Biden arise in the midst of a heated debate between Democrats and Republicans regarding the raising of the debt ceiling, which has raised concerns about the possibility of a catastrophic default on the national debt. Specifically, Biden is referring to a less-known provision of the 14th Amendment, which states that the validity of the public debt of the United States, authorized by law, shall not be questioned, including debts incurred for various purposes. Biden finds the clause "shall not be questioned" particularly relevant to his argument, suggesting that it grants him unilateral power to prevent a default, even without the consent of Congress.

The provision in question is part of the "Civil War amendments" and was included in the 14th Amendment to ensure that the newly reacquired southern states would not challenge the debts of the United States, especially those incurred during the war against the southern states. Some individuals propose that this provision could be interpreted more broadly to allow the executive branch to bypass Congress entirely when raising the debt ceiling. However, it is important to note that no U.S. president has ever employed this method to increase the debt ceiling.

President Biden himself acknowledges that it is uncertain whether this expansive use of the 14th Amendment can be resolved through the courts in time to prevent a default. He acknowledges that there is an unresolved question regarding whether this approach could be implemented and upheld without facing appeals that would exceed the deadline and result in a default on the debt. Therefore, the feasibility and practicality of using the 14th Amendment in this manner remain unclear.

Previously, Treasury Secretary Janet Yellen dismissed suggestions of employing the 14th Amendment to raise the debt ceiling, expressing concerns about potential constitutional crises and describing it as one of the unfavorable options available. Yellen's reservations stem from the belief that utilizing the 14th Amendment in this manner could have far-reaching consequences and create a problematic precedent.

For several months, Republicans and Democrats have been locked in a stalemate over the issue of the debt ceiling, which represents the maximum amount of money that the U.S. Treasury can borrow. Both chambers of Congress must approve an increase in the debt ceiling for it to be implemented. If the debt ceiling is not raised, the United States will default on its debt for the first time in history, which would have disastrous implications for the value of the dollar.

Treasury Secretary Yellen has warned that the United States could potentially default as early as June 1 if no progress is made in raising the debt ceiling. President Biden's recent comments on Sunday represent his firmest stance yet on the possibility of utilizing the 14th Amendment to bypass Congress in this matter. However, the president expressed optimism that resorting to this measure would not be necessary, emphasizing the repeated assurances from all leaders involved that the nation will not default.

The president's remarks came at a time when negotiations between the two sides seemed to be at an impasse. Biden criticized Republicans' "extreme positions" during his Sunday address, deeming much of the GOP's proposals as unacceptable. Republican House Speaker Kevin McCarthy swiftly responded, accusing the White House of regressing in negotiations. McCarthy took to Twitter to express his concerns, suggesting that the socialist wing of the Democratic Party, which he perceives as being in control, is pushing the negotiations in an unfavorable direction, especially with President Biden being out of the country.