Unconstitutional Debt Ceilings
Posted: 25 May 2014 Last revised: 5 Mar 2025
Date Written: December 5, 2013
Abstract
In 2011 and 2013, Republicans used the threat of sovereign default in attempts to extract policy concessions from Democrats. The nation’s debt ceiling enables such a threat by preventing the Treasury from borrowing additional money to pay for obligations already incurred. This Note argues that the debt ceiling is unconstitutional under the 14th Amendment, which says that the public debt of the United States “shall not be questioned.”
Keywords: Debt ceiling, 14th amendment, constitution
Suggested Citation: Suggested Citation
Hazan, Joshua, Unconstitutional Debt Ceilings (December 5, 2013). Georgetown Law Journal, Vol. 103, p. 29, 2014, Available at SSRN: https://ssrn.com/abstract=2441308