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Government,
Constitutional Law

May 23, 2023

President should apply 14th Amendment to increase debt ceiling if deal isn't reached

The concern with presidential overreach is legitimate. But the phrase “the Constitution is not a suicide pact” reflects the reasonable belief that restrictions on presidential power must be balanced against the survival of the state and its people.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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The United States is on the precipice of running out of money to pay the $31.4 trillion national debt, which is the amount Congress has authorized the government to borrow to meet its obligations.

If the House of Representatives and President Joe Biden are unable to come to an acceptable deal, while avoiding draconian spending cuts, a default on the sovereign debt is a real possibility. Secretary Janet Yellen has warned that a default, am...

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