The 14th Amendment should guide courts and Congress: It blocks running and mandates U.S. pay debt

By Jayna Kuklin and Robert Weiner

Most people are not aware of what sections three and four of the 14th Amendment say as Congress is battling two issues in the amendment: The right to hold office or have any pay and benefits from Congress after participating in an insurrection, and the mandate to pay U.S. debt.

Given the messy deal-making we just faced to avoid a government shutdown, President Joe Biden has stated that he plans on studying the 14th Amendment "for the future."

Section three of the 14th Amendment states "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"shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."

Section four 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."

However, even though some lawmakers state that invoking the 14th Amendment is a dangerous move, it may be what the country needs.

Here's a catch--Legal experts state that should Biden pursue a lawsuit against the 14th Amendment, the chances of the case succeeding were minimal to none.

If we read back to a portion of section four, specifically to where it says "...authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned," then the government has a legal obligation to pay its debts, even if it means exceeding the debt ceiling.

Scholars state that this provision makes the debt ceiling statute unconstitutional. If Congress fails to raise the debt ceiling, then the Treasury Department has the authority to ignore the debt ceiling and continue to issue more debt so the nation can pay its bills.

Just because Biden decides to or decides not to invoke the 14th Amendment, it does not mean that the debt crisis will go away. It is still going to be there until we agree to come to a consensus

The debt ceiling isn't the only issue that the 14th Amendment is speaking out about-It's also speaking about holding people accountable if they have participated in an insurrection or a rebellion against the government.

Those who participated in the Jan. 6 insurrection and are running for public office could not only be disqualified but also could not receive any finances or benefits from the government, provided a two-thirds majority vote from both Houses agrees.

For example, according to the January 6 Select Committee, former President Donald Trump incited the Jan. 6 insurrection to overturn the 2020 presidential election results even though he is running for president in 2024. Should he be convicted of the 34 crimes he committed, he should not be permitted to run for office again, nor receive any finances or pay from the government.

The Government Accountability Office (GAO) is an independent agency that conducts audits and investigations on behalf of Congress. So if one were to figure out how much the insurrectionists who partook on Jan. 6 were paid, which is about $4.3 million, this could be the agency to go to.

Next time, if Biden invoked the 14th Amendment to raise the nation's debt limit, it would be the 30th time under a Democratic president and the 79th overall since 1960.

Regardless of the outcome of the debt ceiling debates down the road, the White House will still need to reach an agreement with Congress to fund the government, and how to hold potential criminals accountable.