Senate Democrats roll out letter demanding Biden use 14th Amendment to raise debt ceiling

Senate Democrats led by Bernie Sanders, I-Vt., rolled out a letter Thursday demanding President Biden invoke the 14th Amendment to bypass Congress and unilaterally raise the debt limit.

“It is unfortunate that Republicans in the House and Senate are not acting in good faith,” the letter reads. “We are writing to urge you to prepare to exercise your authority under the 14th Amendment to the Constitution.”

But the message in the letter is markedly different from either side, with Speaker Kevin McCarthy and Senate Majority Leader Chuck Schumer saying there could be a deal next week to vote on in the House of Representatives and the following week in the Senate.

Section 4 of the 14th Amendment reads: “The validity of the national debt of the United States permitted by law, including debts incurred for the payment of pensions and premiums for services in the suppression of insurrection or rebellion, shall not be cast into doubt.’

The amendment — which granted citizenship to former slaves and expanded “equal protection under the law” among other things — essentially states that the nation’s debts must be paid in full by the federal government.

Experts have interpreted this to mean that Biden may have some authority to rise above Congress and remove the debt-borrowing limit — although there would be legal challenges if he bypassed the legislature in this way.

“This is the whole reason the 14th Amendment exists,” Senator. John Fetterman, who made a rare appearance in a press conference, said, laying out the demand

Fetterman wore his signature hoodie, shorts and sneakers, while the other male senators wore suits

The other signatories to Sanders’ letter are: Elizabeth Warren, Mass., John Fetterman, Pa., Richard Blumenthal, Conn., Tina Smith, Minn., Ed Markey, Mass., Jeff Merkley, Ore., Sheldon Whitehouse, RI , Peter Welch, Vt., and Mazie Hirono, Hawaii.

“This is the whole reason the 14th Amendment exists,” said Fetterman, who made a rare appearance at a news conference, laying out the demand.

Democrats say McCarthy’s reluctance to tax the wealthy or big business makes it “seemingly impossible to strike a bipartisan budget deal at this time.”

But taking the 14th Amendment route would almost certainly lead to swift legal action.

“An unelected Supreme Court justice will try to blow up our economy that belongs to them, if they have to judge,” Fetterman said, noting the almost guaranteed legal challenges to the maneuver.

“I’ll be very blunt with you, if we get through this I’m thinking about seeing months down the road or what the court would say about whether or not it works,” Biden said last week after meeting with congressional leaders.

Treasury sec. Janet Yellen, who was clear about the need for Congress to act as quickly as possible, also rejected the idea of ​​using the 14th Amendment.

“I’m going to be very blunt with you, if we get through this I’m thinking about seeing months down the road and see what the court would say about whether or not it works,” she said. said last week.

The letter comes two weeks before the June 1 deadline set by the Treasury Department, at which point the nation could run out of money to pay its bills. Talks between President Biden and Speaker Kevin McCarthy are still ongoing, and the speaker expressed a glimmer of optimism Thursday morning when he told reporters, “I see a path.”

He said he wants a vote on the deal next week and said he has spoken with Senate Majority Leader Chuck Schumer about timing for a vote. The Senate adjourned Thursday and will leave next week, but Schumer has instructed senators to return to Washington with 24 hours notice if necessary.

“Negotiations are moving forward as Speaker McCarthy has said he expects the House to vote next week if a deal is reached, and the Senate to begin deliberations after that,” Schumer said.

However, members of the House Freedom Caucus are digging in to the right, calling for “no further discussion” until the Senate passes the House GOP’s Limit Save Grow Act.

It remains to be seen whether hardline Republicans will accept a negotiated deal less conservative than the party bill passed by the House.