Understanding the Debt Crisis and Presidential Authority: The 14th Amendment's Role

There is a significant amount of misinformation floating around regarding a potential use of the 14th Amendment Section 4 by President Obama to circumvent the US government's debt ceiling and avoid default. This article aims to provide clarity on these issues and dispel common misconceptions.

The National Debt and the 14th Amendment

The 14th Amendment of the US Constitution states that: '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.' This is often interpreted as a guarantee that the government must honor its debt obligations. While it is true that 'The national debt shall not be questioned,' it specifically applies to the national debt and not to other obligations such as payments to contractors or other federal programs.

Understanding 'Debt' vs. 'Government Obligations'

The term 'debt' in the context of the 14th Amendment is distinct from other financial obligations a government might have. It specifically refers to the national debt – the total amount the federal government has borrowed and needs to repay. According to the US Treasury, about 550 billion dollars of the national debt is due this year. Given the substantial tax revenue collected annually (approximately 4.6 trillion dollars), there is no reasonable way for the government to default on these debt payments.

Operational Expenses and the 14th Amendment

It is a common misunderstanding that the 14th Amendment applies to all government expenses, such as payments to contractors or funds distributed through wealth redistribution programs. In reality, the amendment specifically pertains to the national debt, and not to other operational expenses. Hence, furloughing non-essential government workers or closing down various federal programs temporarily is not considered a 'default' under the law. The President and the Treasury are required to make the required interest payments on the national debt, Social Security benefits, and military spending without disruption.

Legal and Practical Implications

If President Biden were to argue in a court of law that the 14th Amendment allows him to borrow without limit, he would likely be told that he has no authority to not pay for the national debt. Discretionary and entitlement spending remains within the purview of Congress, and they ultimately control the purse strings.

Historical Context and Government Shutdowns

It's important to note that there have been numerous government shutdowns since 1980. While some lasted over a month, most Americans noticed little impact. The economic illiteracy and ignorance displayed by some members of the Biden administration regarding these issues is striking.

The 14th Amendment and Continuous Debt Incurrence

The context of Section Four of the 14th Amendment specifically deals with the debts incurred during the Civil War to re-integrate the Southern states back into the Union. It does not grant the government the authority to continually rack up more debt or prevent Congress from setting a debt ceiling. The current debt crisis is a result of continuous borrowing and spending by the government, rather than any failure to honor its existing obligations.

Conclusion

The 14th Amendment's role in the current debt crisis is often misunderstood. While it does protect the national debt, it does not apply to all government expenses. It is crucial to understand the specifics of the amendment's language and the constitutional implications to form accurate opinions and make informed decisions.