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Debt Ceiling, Biden, and the 14th Amendment

Posted on Monday, May 15, 2023
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by Outside Contributor
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By: Barb Zakszewski

I bet you never thought you would see these three words together. And yet… Our nation finds itself in familiar territory: A debt ceiling/budget standoff… Stop me if you’ve heard this one.

Republicans have done their duty, they approved an increase in the debt ceiling, including some moderate spending cuts to be considered. NO ONE is holding the debt ceiling, the budget or the Nation hostage with threats of default. And it is absolutely appalling that Chuck Schumer would threaten that social security and Medicare payments would be the first things affected. How dare they exercise these scare tactics! I say, cut the payroll and benefits of the entire Congress, along with ALL staff, and the White House first. This debt crisis would be solved in a day.

After all that, during an after-meeting press conference that President Biden stumbled and mumbled through and which the train of thought left Biden at the station, Biden told the media that instead of waiting for more negotiations and meetings, he may consider invoking the 14th Amendment, specifically, Section 4, to put an end to this debt ceiling impasse. The fact that Biden was even aware there is a constitution was stunning to hear, but also note how quickly the extreme Marxist Democrats hide behind the constitution when it suits their needs.

But what is the 14th Amendment, specifically, Section 4? The 14th Amendment, ratified on July 9, 1868, in the aftermath of the War between the States, and part of the Reconstruction period was meant to apply only to freed slaves and blacks. It basically applied the Constitution to blacks. Surprisingly, this Amendment never went through the actual constitutional ratification process; yet remains one of the most influential amendments. Section 4, the one Biden wants to invoke to resolve this debt ceiling impasse, reads as follows: “The validity of the public debt of the United States, authorized by law, including debts incurred for payment of {soldier} pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned”. Recall above the purpose of the 14th Amendment and the curious use of the word insurrection to describe the War between the States. Some have restated Section 4 language to read, roughly: “Any money the US owes for paying soldier pensions for help to stop a revolt shall not be questioned”. Many budget experts have stated they do not believe this section applies to the current debt ceiling debate.

Biden and the treasury secretary saying limiting the debt ceiling is unconstitutional under the 14th Amendment is really stretching the constitution because of the provision in Article I, sections 7 and 8,  that no money be drawn from the treasury except through legal appropriations by the House of Representatives.

The oppressive nature of a $32 trillion debt that still won’t be paid when our great-grandchildren shuffle off this earth is immoral and a milestone around the neck of our Nation. This does not have to be complicated. Democrats need to review and be serious about spending cuts and the debt ceiling then raise the debt ceiling so our nation does not default on our debt. Our nation has to get serious about these spending cuts and Congress MUST stop this last minute, Chicken Little act they put our Nation through every year.

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David Millikan
David Millikan
1 year ago

Excellent article.
The 14th Amendment Section 4 has NO grounds to raise current ceiling debt that Beijing biden is trying to use as fear tactic to play politics so he and his Communist Party can SPEND MORE and RAISE MORE TAXES by increasing the ceiling debt.
If Beijing biden is so worried about the ceiling debt then why did he run away to Japan all this week instead of facing Senator McCarthy and work something out to reduce the ceiling debt?

John Schunk
John Schunk
1 year ago

Biden and his gang of liars and cowards use fear mongering to get whatever new toys they drool over. The adults tell them we can’t afford it, so they throw a tantrum complete with lies and finger pointing.

Lb
Lb
1 year ago

Let congress pay for it they are the ones who made the mess. Cut thier wages and it would be solved real quick.

Tom H
Tom H
1 year ago

We have presented a plan to increase the debt ceiling while trimming the enormous debt just a little. Say it over and over. Go down to the wire.

Woiodreaux
Woiodreaux
1 year ago

Democrats are owned by the CCP

CB
CB
1 year ago

We are lead by. Bunch of bumbling imbeciles. Everyone of them should be strung up.

Ron
Ron
1 year ago

I don’t think Biden has ever read the constitution because he dang sure does not understand it! Who ever told him that is also a idiot!

Jeane
Jeane
1 year ago

I would like to raise my personal debt ceiling, but I’m just too budget conscious to not live within my means. What a pity that the national budget cannot be managed like a household’s (eg. cut back frivolities and function frugally until the checkbook balances). Ooops … I forgot … my household doesn’t have people wandering in expecting to be fed and housed, while lazing around to be treated like royalty, all while I neglect my own family. Time to close the boarder and reduce the welfare handouts.

Doug Olson
Doug Olson
1 year ago

Good morning, Ms. Zakszewski: Thank you, very much, for writing your article, “Debt Ceiling, Biden, and the 14th Amendment.” It helps us (me) better understand the issue! Regardless of what Biden, the Democrats and the “media” say if a recession/depression does occur in the United States it happened when Biden and the Democrats were controlling government. They cannot deny taking responsibility for this!!!!

Ed Ross
Ed Ross
1 year ago

This is just a big game that is played every time. Threats are thrown to get the president supported by the sheeple. At the last minute they all magically agree. It’s all a big manipulation of the population.

Chris
Chris
1 year ago

The key phrase is “authorized by law” meaning any debt authorized by a previous Congress cannot be rescinded by a future Congress — that’s all it means. The debt ceiling bill is just that, *this* Congress authorizing, by law, new debt. The 14th amendment doesn’t apply to unauthorized debt — i.e. debt Biden would create if he borrowed money without Congressional approval. Such unauthorized debt would be subject to cancellation by Congress and smart lenders would know that (i.e. no one is going to buy US bonds without Congress authorizing their issue as they could wind up worthless).

If it does go to the Supreme Court the court should answer that while they might agree that Congress is acting inconsistently (i.e. the budget and other laws mandating the President spend certain monies but then not providing the funds to do so either through taxes or borrowing), that inconsistency is a *political* issue and must be resolved by Congress itself and if necessary by the voters by electing a different Congress next election cycle. The court has no authority to force Congress to authorize debt. However, it’s possible the court could rule that Biden can borrow on his own but that any such borrowing would be unauthorized and subject to revision/cancellation by Congress. While some lenders might accept such a deal, they’d demand a higher interest rate for their additional risk.

Dean
Dean
1 year ago

Just because the Congress does not pass a budget does not mean the Federal government will have no money. The IRS will continue to collect taxes. Thus, the government may have to operate under last years budget. That means no increased debt. That sounds good to me. I don’t understand why everyone is saying we will have no money. Are they saying taxes will stop–I think not!

Tom
Tom
1 year ago

They are testing the water to see how far and gullible They can push their position. Supreme Court May question this approach but takes time for research to reach an opinion. Taking ball and go home. This could really hurt our country . In the early 60s there were men that said “ America first, foremost and always”. Where are they today???

Granny26
Granny26
1 year ago

Congress gets paid a ridiculous salary and they are in recess more than a kindergarten class. They should get paid for ‘time actually in session’. And taxpayers should not have to pay for their transportation to/from anywhere. Like Pelosi who flies private jets from DC to CA at least once a week and her booze bill is higher than the flight cost and we end up paying for it. Also should have term limits…..2..maybe 3 terms but only a 3-6 mo pension and they can get a job like NORMAL people do.

Neal Davis
Neal Davis
1 year ago

Love the thought of cutting salaries and benefits for the Senate and House members! How do we manage to get the word out to the populace and demand the cutting begin there? Thank you.

sdgort
sdgort
1 year ago

DO NOT CAVE Biden and his handlers must be stop, let the debt expire de-fund the government, best thing that could happen. THreatening the pay for the military and cutting Social security & medicare is a lie, it cannot happen or the revolution would start immediately and the demoncrats don’t want that because they would lose BIG.
STAND UP AND DO NOT CAVE TO THESE LEFTIST MARXIST EVIL SLIME THAT STOLE CONTROL OF THE US GOVERNMENT !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

MariaRose
MariaRose
1 year ago

This is what happens when you continue to allow progressives to use “word salad” explanations to cover their actual intent–which is they have no intention to stop spending money freely. Since they are being asked to slow down their spending, they might as well make cuts off the programs that are taking away the money they have already tried to pass off under the “Medicare for all” free giveaway. And now they are intending to just give everything for “free” to the new arrivals coming into the country with all the promises of taking care of them for life while taking benefits from all of us, who served, and work for a living during our working lives and still pay taxes on our retirement income in our twilight years.
Senator Schumer should be the first to have his money reduced, immediately along with the Squad, who are all demanding that their poor financial choices to overpay for their “college degrees” should be paid for, along with taking away their paychecks for every day they stop/ delay paying Social Security checks. And they would not be paid until they pay those checks with interest for any day delayed.

Garyk
Garyk
1 year ago

Joe and the marxist democrat party are truly liars and deceivers!
These morons should resign for their ignorance and non support of their oaths of office.
What an absolute clown show they are!!
Throw the Losers out!

Michael Quinn
Michael Quinn
1 year ago

The only reason we are at this point is because the Republicans have always caved to the pressure of the media whenever they have locked horns with the Democraps. The Republicans have always collapsed and the Dems, media, and the left know that there is no fight in the Reps when the left’s propaganda machine goes into high gear. Communists are relentless and they do not give an inch. When push comes to shove, the Republican position will dissolve. It always does. So sad!!

Bruce Peter Mattson
Bruce Peter Mattson
1 year ago

Millstone

Michael Lewis
Michael Lewis
1 year ago

The 14th Amendment is also the foundation the Supreme Court built its absurd theory of corporate personhood on. This led to media businesses being exempted from campaign laws, because their 1st Amendment rights could not be infringed upon. But flesh and blood people’s rights have been since Watergate.

 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 wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 

Questions for Supreme Court:

1. Are corporations born or naturalized? 

2. Are corporations’ citizens? 

3. Where was the due process before 1st amendment privileges were taken from flesh and blood persons? 

4. Shouldn’t “we the people” enjoy equal protection of the law? 
Fourteenth Amendment – Section 1
 Federalist No 84 – May 1788 by Alexander Hamilton  
Nothing need be said to illustrate the importance of the prohibition of titles of nobility. This may truly be denominated the corner stone of republican government; for so long as they are excluded, there can never be serious danger that the government will be any other than that of the people.  
The Press Exemption creates a “Royal Press”: 

Nobility is defined as an order of men in several countries to whom privileges are granted at the expense of the rest of the people and 
 
Corporation is defined as a company or group of people authorized to act as a single entity (legally a person) and recognized as such in law. 

Marc Ziegler
Marc Ziegler
1 year ago

The Marxists Democrats simply want to spend endlessly until this country is broke and penny less! Who cares about future generations. How else can they totally destroy and concur America without firing one shot. They constantly claim that conservative Republicans are, like J6th, insurrectionists, I say that the real insurrectionists are the Dem’s trying to destroy America from within, and without firing one shot, and presently, getting away with it. Wake America, 2024 cannot get here fast or soon enough!

trump at podium with american flag behind him
On October 20, 2016, Lieutenant Governor Kathy Hochul cut the ribbon at the new Taste NY Long Island Welcome Center.
Senate Majority Leader Chuck Schumer (D-NY) gives remarks before President Joe Biden signs the Infrastructure Investment and Jobs Act, Monday, November 15, 2021, on the South Lawn of the White House. (Official White House Photo by Cameron Smith)
Former Arizona Corporation Commissioner Kris Mayes speaking with attendees at an Attorney General candidate forum hosted by the Arizona Chamber of Commerce & Industry at the Arizona Commerce Authority in Phoenix, Arizona.

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