Why Biden Is Prohibited From Acting on His Own on Debt

Beware of advice to the contrary — the 14th Amendment was designed to ensure government debt was repaid in gold.

AP/Evan Vucci
President Biden during a meeting with Democratic lawmakers at the White House, January 24, 2023. AP/Evan Vucci

Historian Eric Foner of Columbia sees “a way out of the current impasse” over the debt ceiling. His scheme is for President Biden to invoke the debt clause of the Reconstruction-era 14th Amendment. Mr. Foner suggests that its language — declaring that the “validity of the public debt of the United States” shall “not be questioned” — means that Mr. Biden can “act on his own” to ensure America’s debts are paid at their original value. 

This strikes us as inaccurate, even if, as Mr. Foner puts it, “long-forgotten provisions of the 14th Amendment are suddenly crying out for enforcement.” The historian notes that the validity of the federal debt was one of the “political conflicts” of the post-Civil War era. He’s right to note that the amendment bars action by any branch of government to cancel or repudiate that debt. Yet the amendment grants no power of unilateral action to Mr. Biden.

Enter your email to read this article.

Get 2 free articles when you subscribe.

or
Have an account? This is also a sign-in form.
By continuing you agree to our Privacy Policy and Terms of Service.
Advertisement
The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  Create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use