Is the debt ceiling unconstitutional?

A broad reading of the 14th Amendment might allow Obama to bypass Congress and continue piling up debt — without caving to GOP demands

President Obama
(Image credit: Alex Wong/Getty Images)

For weeks, the conventional wisdom in Washington has been that the federal government will default on its debt if the congressionally mandated limit on the nation's borrowing isn't raised by Aug. 2. But with Democrats and Republicans still struggling to reach a deal on hiking the debt ceiling, a new option is emerging: Democrats might simply declare that the debt ceiling is unconstitutional, scrapping the need for a deal at all. According to the 14th Amendment, "The validity of the public debt of the United States, authorized by law... shall not be questioned." That means the Obama administration can keep on racking up debt, even if Congress doesn't raise the debt ceiling, says Sen. Chris Coons (D-Del.). Could this new approach really work?

Absolutely: The language in the 14th Amendment is "extraordinary," says Garrett Epps at The Atlantic. Its wording is "unqualified and sweeping," which means that the Constitution places debt payments and the payment of already-appropriated funds "above the vagaries of congressional politics." If the Obama administration adopted this broad reading of the Constitution, using it in their political favor, it "would be bold"—but it wouldn't be wrong.

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