President Biden stated on Sunday that he believes he can utilize the 14th Amendment to address the debt ceiling unilaterally. However, that potential legal challenges might still lead to a default if he goes that path.
“I’m looking at the 14th Amendment as to whether or not we have the authority — I think we have the authority,” Biden told.
Biden: “I’m looking at the 14th Amendment … I think we have the authority. The question is, could it be done and invoked in time … We have not come up with unilateral action that could succeed in a matter of two weeks or three weeks. That’s the issue. So it’s up to lawmakers.”
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“The question is whether it can be done and invoked in time so that it is not appealed, and thus past the due date and still default on the debt?” That is a question that I believe remains unanswered.”
Biden said that all four congressional leaders agreed at a recent White House meeting that the country would not default, implying that he hoped the 14th Amendment would be unnecessary.
“So I’m assuming that we mean what we say and that we’ll figure out a way not to default,” Biden said.
Sunday’s remarks were Biden’s most forceful to date on the 14th Amendment, which has been a source of contention among legal experts and government officials as the United States approaches the brink of default.
The Treasury Department has warned that if no action is taken to raise the debt ceiling, the United States might default as early as June 1.
The theory is based on a provision in the 14th Amendment that states the public debt “shall not be questioned,” which supporters claim means the president could continue to issue debt unilaterally if Congress does not act.
Biden indicated earlier this month that he was “considering” using the 14th Amendment to circumvent the debt cap unilaterally but that it would not be a feasible short-term solution.
Treasury Secretary Janet Yellen previously cautioned that invoking the 14th Amendment may result in a “constitutional crisis,” referring to it as “one of the not-so-good options” if Congress fails to act.
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