Some fellow Democrats have been urging him to try to use that untested legal theory to bypass theSection 4 of the 14th Amendment, adopted after the 1861-1865 Civil War, states that the “validity of the public debt of the United States…shall not be questioned.”
But the clause has been largely unaddressed by the courts, and legal experts disagree about what it requires from Congress and the presidency. It’s not clear who could bring a case. It could be difficult for any plaintiff to prove they had been harmed by the action — a legal concept known as “standing.”
The high court could also opt to hear a challenge in the interest of quickly resolving the issue, as they have done with Biden’s move to cancel $430 billion in student debt.The Supreme Court has ruled on the public-debt clause only once, in a 1935 challenge to Democratic President Franklin Roosevelt’s decision to take the United States off the gold standard. The court ruled that the plaintiff, a bondholder, did not have standing to file the case.
Source: Loan Digest (loandigest.net)
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