14th Amendment

Latest news on the 14th Amendment, an amendment to the U.S. Constitution that was ratified in 1868. It has five sections, but the most important one is the first section, which grants citizenship to all persons born or naturalised in the United States and guarantees them equal protection of the laws.

This clause has been cited in the news recently because of the ongoing debate over raising or suspending the debt ceiling, which is the legal limit on how much the federal government can borrow to pay its bills. Some White House officials have suggested that President Biden could invoke the 14th Amendment to unilaterally raise the borrowing limit and avoid a default on the national debt, which could have catastrophic economic consequences.

However, this idea is controversial and has never been tested in court. Some legal experts argue that the 14th Amendment only applies to debts incurred during the Civil War and does not give the president any authority to override Congress, which has the power of the purse under Article I of the Constitution. Others contend that the 14th Amendment could be interpreted broadly to protect the public debt from any political interference and to empower the president to act in a national emergency.

The Justice Department's Office of Legal Counsel (OLC), which advises the president on legal matters, has reportedly written opinions on this issue during the Obama administration, but they have not been made public. The Biden administration has not indicated whether it would consider using the 14th Amendment option, but has urged Congress to act swiftly and responsibly to raise or suspend the debt ceiling before it is reached later this month.

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