Why the 14th Amendment is cited in the debt ceiling debate

WASHINGTON — Faced with a deadlock over whether to raise or suspend the country’s debt limit, some White House officials are eyeing a clause in the 14th Amendment to ensure the United States does not default on its debts.

Passed after the Civil War, the amendment granted citizenship to former slaves — and includes a more obscure section on national debt. Here’s a brief history of the 14th Amendment and an explanation of its provisions, including why it’s being talked about now in the White House.

What Does the 14th Amendment Say?

Considered a landmark for civil rights by historians, the 14th Amendment to the Constitution extended citizenship to former slaves. It also guaranteed that the right to due process and equal legal protection applied to both federal and state governments.

The expanded amendment is the most cited amendment in court cases, according to the Library of Congress.

Section 1 of the amendment provides that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state in which they reside” and that “no state shall make or maintain that will abridge the privileges or immunities of citizens of the United States.”

Another provision, known as the Disqualification Clause, was more obscure until the events of January 6, 2021. Some have argued that the clause, set forth in Section 3 of the 14th Amendment, excludes anyone who has “engaged in insurrection or rebellion” from public office cover.

Now the stalemate over the national debt has renewed debate over Section 4 of the amendment, the so-called national debt clause.

What was the reason for the adoption?

After the Civil War and the assassination of President Abraham Lincoln, legislators attempted to establish terms for the surrender of the Confederacy and the return of the rebel states to the Union.

The 13th Amendment’s formal abolition of slavery also meant that the size of former Confederate states’ delegations would increase, even as the states passed discriminatory “black codes” and prevented former slaves from voting. Reconstructionist Republicans in Congress tried to address these issues through the Civil Rights Act of 1866which guaranteed citizenship and equal protection for former slaves.

While Republicans had enough votes to overturn a veto by President Andrew Johnson, there were still a few remained concerned that the protections in the law were not strong or permanent enough, and began seeking a constitutional amendment.

A Joint Reconstruction Committee then drafted what would become the 14th Amendment, which was passed by Congress in 1866 and ratified two years later.

Why does it contain a sovereign debt clause?

The 14th Amendment contains a provision that protected the federal government’s public debt and prohibited the payment of debts of the Confederate states.

“The validity of the national debt of the United States authorized by law, including debts incurred for the payment of pensions and premiums for services in suppressing insurrection or rebellion, shall not be called into question,” the clause reads.

that part, historians say, was added due to fears that if former Confederate states regained political power in Congress, lawmakers would reject federal debt and guarantee Confederate debt. Reconstructionist Republicans also thought the clause would discourage loans to future insurgents.

“Southerners were accustomed to getting their way in Congress—they had dominated the institution from 1787 until its secession in 1861—and many believed that when their representatives arrived in the House and Senate, they would be able to control the national section. 4 to tear up. answer,” Garrett Epps, a lawyer, has written before.

Why is it being discussed today?

Some legal scholars argue that the state debt clause overrides the statutory borrowing limit, which is set by Congress and can only be waived or suspended with the approval of the legislature.

The United States reached that limit on Jan. 19, and on Monday Treasury Secretary Janet L. Yellen warned that the federal government would run out of money to pay its bills before June 1 unless it could borrow more money.

The Biden administration is discussing whether the 14th Amendment forces the administration to continue issuing new debt to pay bondholders, along with Social Security recipients, military personnel and others, even if Congress fails to raise the limit. levy before the so-called X date.