• ‘It is unfortunate that Republicans in the House and Senate are not acting in good faith,’ the letter read
  • The 14th Amendment states: ‘The validity of the public debt of the United States…shall not be questioned’ 
  • Speaker Kevin McCarthy had a different take: ‘I see a path’ 

Senate Democrats led by Bernie Sanders, I-Vt., rolled out a letter Thursday demanding President Biden invoke the 14th Amendment to bypass Congress and unilaterally raise the debt limit.

‘It is unfortunate that Republicans in the House and Senate are not acting in good faith,’ the letter read. ‘We write to urgently request that you prepare to exercise your authority under the 14th Amendment of the Constitution.’

But the message in the letter is markedly different from that coming out of leadership on both sides, with Speaker Kevin McCarthy and Senate Majority Leader Chuck Schumer saying there could be a deal to vote on in the House next week and the Senate the week after.

Section 4 of the 14th Amendment states: ‘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.’

The Amendment – which granted citizenship to former slaves and extended ‘equal protection under the law’ among other provisions – essentially states that the nation’s debts must be paid by the federal government in full.

Experts have interpreted that to mean Biden may have some authority to go above Congress and lift the debt borrowing cap – although there would be expected legal challenges if he bypassed the legislative branch in this manner.

The other signers onto Sanders’ letter are: Elizabeth Warren, Mass., John Fetterman, Pa., Richard Blumenthal, Conn., Tina Smith, Minn., Ed Markey, Mass., Jeff Merkley, Ore., Sheldon Whitehouse, R.I., Peter Welch, Vt., and Mazie Hirono, Hawaii.

‘This is the whole reason why the 14th Amendment exists,’ Fetterman, making a rare appearance in a news conference, said, laying out the demand.

The Democrats say McCarthy’s unwillingness to raise taxes on the wealthy or big corporations makes it ‘seemingly impossible to enact a bipartisan budget deal at this time.’

But taking the 14th Amendment route would almost certainly prompt swift legal action.

‘An unelected Supreme Court justice will try to blow up our economy that’s on them, if they have to judge on that,’ Fetterman said, noting the nearly-guaranteed legal challenges to the maneuver.

‘I’ll be very blunt with you, when we get by this, I’m thinking about taking a look at, months down the road, as to see whether what the court would say about whether or not it does work,’ Biden said last week after meeting with congressional leaders.

Treasury Sec. Janet Yellen, who has been clear about the need for Congress to act as soon as possible, also shot down the idea of using the 14th Amendment.

The letter comes two weeks before the June 1 deadline set by the Treasury Department at which point the nation could run out of funds to pay its bills. Talks between President Biden and Speaker Kevin McCarthy are still ongoing, and the speaker offered a glimmer of optimism Thursday morning when he told reporters, ‘I see a path.’

He said he wants a floor vote next week on the deal and said he’s spoken to Senate Majority Leader Chuck Schumer on timing for a vote. The Senate adjourned Thursday and will be out next week, but Schumer instructed senators to be in a position to return to Washington on 24 hours’ notice if necessary.

‘The negotiations are currently making progress, as Speaker McCarthy has said he expects the House will vote next week if an agreement is reached, and the Senate would begin consideration after that,’ Schumer said.

However, members of the House Freedom Caucus are digging in to the right, calling for ‘no further discussion’ until the Senate passes the House GOP’s Limit Save Grow Act.

It remains to be seen whether hardline Republicans will accept a negotiated deal that is less conservative than the party-line bill the House passed.