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Why Biden Can’t Use the 14th Amendment to Raise the Debt Ceiling

Why Biden Can’t Use the 14th Amendment to Raise the Debt Ceiling
President Joe Biden delivers remarks on the debt ceiling at the White House on May 9, 2023. Anna Moneymaker/Getty Images
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Commentary
Some Senate Democrats are urging President Joe Biden to “use” the 14th Amendment to raise the debt limit by executive decree. For example, Elizabeth Warren (D-Mass.) stated:
Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution” (4th ed., 2025). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.” He also researched and wrote the scholarly article “Virgil and the Constitution,” whose publication is pending in Regent University Law Review.
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