The divided U.S. Congress is running out of time to raise the federal government's $31.4 trillion debt ceiling, with the Treasury Department warning it could be unable to pay its bills as soon as June 1.
If Congress fails to act, some legal experts say Democratic President Joe Biden has another option to avert a crisis: Invoke the 14th Amendment to the U.S. Constitution to ensure the United States can continue to pay its bills.Section Four of 14th Amendment, adopted after the 1861-1865 Civil War, states that the "validity of the public debt of the United States ... shall not be questioned.
Some, like Cornell University law professor Michael Dorf, say the "least unconstitutional" option would be for Biden to act on his own to protect the integrity of the national debt.WHO COULD SUE OVER THE DEBT CEILING? The high court could also opt to hear a challenge in the interest of quickly resolving the issue, as they have done with Biden's move to cancel $430 billion in student debt.The Supreme Court has ruled on the public-debt clause only once, in a 1935 challenge to Democratic President Franklin Roosevelt's decision to take the United States off the gold standard. The court ruled that the plaintiff, a bondholder, did not have standing to file the case.
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