- Rep. Alexandria Ocasio-Cortez told Politico Biden should be considering the 14th Amendment to address the debt ceiling.
- The 14th Amendment could declare the debt ceiling unconstitutional and allow Biden to bypass Congress.
A catastrophic default on the nation's debt could be as soon as 13 days away — and Rep. Alexandria Ocasio-Cortez wants President Joe Biden to be considering all routes to prevent that outcome.
Since January, Speaker of the House Kevin McCarthy and Biden have been at odds over the best approach to raise the debt ceiling and ensure the US doesn't run out of money to pay its bills for the first time in history. While there appears to have been progress with negotiations this week — McCarthy expressed optimism that a deal can soon be reached — there's a significant time crunch, given Treasury Secretary Janet Yellen anticipated a default could happen as soon as early June.
That's why a growing number of Democratic lawmakers are urging Biden to invoke a clause in the 14th Amendment which experts have said would declare the debt ceiling unconstitutional, getting rid of the problem forever. Ocasio-Cortez told Politico that "the president should absolutely have this on the table."
"It's not even a question of leverage, it's not a question of negotiation. It's a question of saving our economy from potential disaster," Ocasio-Cortez said. "And Kevin McCarthy has decided to take the entire US economy hostage in exchange for vague and unfocused demands or gestures, I should really call them. It is profoundly irresponsible. It is posing a threat to our economy. It poses a threat to our national security. And I believe that the chief executive has a responsibility to protect this country."
Section 4 of the 14th Amendment states that "the validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned." Invoking that clause would mean that a default caused by the debt ceiling is unconstitutional, and it would allow Biden to bypass congressional debate on the issue.
On Thursday, 11 Senate Democrats, including Bernie Sanders and Elizabeth Warren, sent a letter to Biden urging him to prepare to use the 14th Amendment to address the debt ceiling if Congress can not come to an agreement before a default.
"Using the 14th Amendment would allow the United States to continue to pay its bills on time and without delay, prevent an economic catastrophe, and prevent devastating cuts to some of the most vulnerable people in this country," Sanders told reporters following the letter's release.
The White House has yet to comment on the lawmakers' letter, but Biden previously expressed skepticism about going that route because of potential litigation. Still, pressure is growing for the president to have a backup plan if negotiations don't lead to an agreement. McCarthy has opposed using the 14th Amendment and told reporters on Thursday that "I just believe where we were a week ago and where we are today is a much better place because we've got the right people in the room discussing it in a very professional manner."
However, progressive lawmakers are concerned Biden's team will compromise with the GOP to reach a deal, which could include stronger work requirements on welfare programs like SNAP — and Ocasio-Cortez made clear that McCarthy will need Democrats' votes to pass a bill, and therefore, cannot include cuts to Democratic priorities in an eventual agreement.
"What is really important to understand here is that it really seems that no matter what, Kevin McCarthy, in the House is going to require, he needs Democrats to bail him out. This is not a situation of him holding all of the cards, and that is what makes the difference," Ocasio-Cortez said.
"His party is not united, and not only is it not united by a little, we're hearing and we're really seeing that most of the evidence is pointing that he only has two-thirds of his caucus and he may need many, many Democratic votes," she continued. "And so for that, it's really important to understand exactly how weak his hand he is here, and also, the options that President Biden and Democrats have, um, are frankly much broader than the ones that he has right now."