Some experts believe that using the 14th Amendment to raise the debt ceiling would be unconstitutional.
From Daily Caller. Legal experts and GOP lawmakers are warning of severe consequences, including impeachment and a sovereign debt default, should President Joe Biden invoke the 14th Amendment to unilaterally raise the U.S. debt ceiling.
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The 14th Amendment of the Constitution says, “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.” Added to the Constitution after the Civil War, Biden has suggested that its text may enable him to pay existing U.S. debts by borrowing more money to do so, even without Congressional authorization. …
“The president cannot unilaterally do this unless he wants to risk an impeachable offense,” said Richard Epstein, the Laurence A. Tisch professor of law at New York University, adding that Biden’s legal case “doesn’t have a prayer in hell of standing.” Epstein explained that the phrase “authorized by law” in the 14th Amendment means that any debt to be issued requires the approval of Congress, which has the sole power to make laws under the Constitution, adding that one must “read the whole sentence” to understand the clause.
He was joined by Andrew McCarthy of National Review Institute, who told the DCNF that “[t]he president is sworn to uphold the Constitution and execute the laws — including the statutory debt ceiling — faithfully. The failure to do these things is obviously impeachable.” …
Other legal scholars, such as Jonathan Turley of The George Washington University, and lawmakers such as Senate Minority Leader Mitch McConnell, have also warned Biden against such a move, with McConnell saying that it was “not an option”. …
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(Excerpt from Daily Caller. Photo Credit: Chip Somodevilla/Getty Images)