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

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.
"Our national debt 'shall never be questioned,' the Constitution says"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Still, this is uncharted territory: "The 14th Amendment's Public Debt Clause has never been tested in court," says Ian Millhiser at ThinkProgress. And if the White House declared the "unspeakably stupid" notion of the debt ceiling unconstitutional, it's hard to know exactly how a court case would play out. Someone would have to sue, alleging that they've been personally injured "by the continued viability of the American economy." Furthermore, the Supreme Court has typically considered matters like this to be "political questions" that should not be resolved by judges. But with today's court, "it's anyone's guess."
"Senators float constitutional solution to debt ceiling"
And we shouldn't enter it: "Layering a constitutional crisis over political gridlock" would get the Obama administration its victory, says Ezra Klein at The Washington Post. "But it’ll fail terribly in terms of sustaining the market’s confidence in our political system." The danger behind failing to raise the debt limit has never been about whether our country can pay back its debts — we can, and the market knows that. Instead, it's the "brutal," "irresponsible" fight over the debt that would cause the market to "re-evaluate the faith" it has in our ability to make "sound economic decisions" in the future. A court case spotlighting our political system's inability to reach compromises on these economic issues would be "a step towards total breakdown."
"The debt ceiling might be unconstitutional, but now is not the time to find out"
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Book reviews: ‘Red Scare: Blacklists, McCarthyism, and the Making of Modern America’ and ‘How to End a Story: Collected Diaries, 1978–1998’
Feature A political ‘witch hunt’ and Helen Garner’s journal entries
By The Week US Published
-
The backlash against ChatGPT's Studio Ghibli filter
The Explainer The studio's charming style has become part of a nebulous social media trend
By Theara Coleman, The Week US Published
-
Why are student loan borrowers falling behind on payments?
Today's Big Question Delinquencies surge as the Trump administration upends the program
By Joel Mathis, The Week US Published
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff Published
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published