14th Amendment Document With Debt Ceiling In Nassau
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All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
Although the 14th Amendment, Section 4, states that “the validity of the public debt of the United States... shall not be questioned,” legal experts and constitutional scholars are divided on whether this provision would allow the president to bypass the debt ceiling.
Congress has always acted when called upon to raise the debt limit. Since 1960, Congress has acted 78 separate times to permanently raise, temporarily extend, or revise the definition of the debt limit – 49 times under Republican presidents and 29 times under Democratic presidents.
After the passage of the Fourteenth Amendment, the Supreme Court, through a string of cases, found that the Due Process clause of the Fourteenth amendment included applying parts of the Bill of Rights to States (referred to as incorporation).
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.
Not only did the 14th Amendment fail to extend the Bill of Rights to the states; it also failed to protect the rights of Black citizens.
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.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State ...
The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause.
Section Five of the Fourteenth Amendment vests Congress with the authority to adopt “appropriate” legislation to enforce the other parts of the Amendment—most notably, the provisions of Section One.
