Scholarship@WashULaw
Why the Debt Limit Is (Still, Really) Constitutional
Document Type
Blog Posting
Language
English (en)
Publication Date
2023
Publication Title
The Volokh Conspiracy on Reason
Abstract
There is now a deal over the debt limit, but President nevertheless insists that he's still looking at using the 14th Amendment in the future—apparently to decide "whether or not you need to do the debt limit every year." Motivated in part by some friendly disagreement with Michael Dorf, the President's comments seem like a good occasion for me to revisit the absence of a 14th Amendment authority to exceed the limit and respond to a few of Dorf's points.
Keywords
Debt Limit, Fourteenth Amendment, Constitutional Law
Publication Citation
Clarke, Conor, Why the Debt Limit Is (Still, Really) Constitutional, The Volokh Conspiracy on Reason (May 30, 2023), https://reason.com/volokh/2023/05/30/why-the-debt-limit-is-still-really-constitutional/
Repository Citation
Clarke, Conor, "Why the Debt Limit Is (Still, Really) Constitutional" (2023). Scholarship@WashULaw. 689.
https://openscholarship.wustl.edu/law_scholarship/689