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This NYT Editorial says now that the debt ceiling agreement is reached between president Biden and Kevin McCarthy of the Republicans it should be passed quickly in the US Congress. It points out the need to consider the use of the 14th Amendment in the future- by getting some idea of how the Supreme Court views the use of this action- to prevent another debt ceiling negotiation like this one in 2025 when this agreement ends.

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On Jan 19, 2023 the US hit its debt ceiling of $31.4 trillion. Republicans control the House of Representatives by only a few votes after a strong showing in midterms by Democrats who control the Senate. A small section of the Republican party insists that raising the debt ceiling- a task performed by the House of Representatives- should only be done with serious cuts to Biden programs to help workers and families during a cost of living crisis. Biden says he will not negotiate, simply won't.  This report in NYT by Jim Tankersley, says president Biden in the last resort could resort to the 14th Amendment which says: "The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions shall not be questioned." What this means is that in the last resort if Republicans insist on serious cuts because of a faction within the party, and not because the whole party supports it, Mr. Biden could continue public borrowings to pay social security and make other payments. Moody's says this would lead to a rise in borrowing costs temporarily but would not lead to a recession, and have long term benefits as the debt ceiling could not be applied in the future. It would be challenged by Republicans and go to the Supreme Court which would have to decide on the issue: "the validity of the public debt of the United States shall not be questioned." This drew 1338 comments on NYT. ...

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Different constitutional law opinions on the option of the President citing the 14th Amendment to the U.S. Constitution to raise the debt ceiling. Former President Clinton says he would unilaterally invoke it "without hesitation, and force the courts to stop me." President Obama said recently, "I have talked to my lawyers, they are not persuaded that this is a winning argument." Section 4 of this Amendment was designed to assure creditors the Union debts after the Civil War would be honored and to say Confederate debts would not be honored. This part of the 14th Amendment says "the validity of the public debt of the United States, authorized by law, including debts incurred for pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned." Prof. Jack Balkin of Yale, says it provides a broader principle that the public debt cannot be held hostage for political purposes. His view is that this is something that could be an option when all other options are exhausted. Prof. Lawrence Tribe of Harvard, say the law courts have no plausible point of entry in such a situation. There is a sense that "popular constitutionalism" would play an important part if something like this happened- the meaning of the constitution is what popular sentiment says it is in the particular context and events. ...

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This WSJ report shows how the debt ceiling negotiation were conducted and the process that made it possible to reach an agreement since the State of the Union address by president Biden on February 7, 2023. It started with Biden getting unanimity right on the floor of Congress during his speech about protecting Medicare and Social Security. The Republican strategy was to pass the legislation on spending that did not specify where cuts were to be made yet used 2022 spending levels with a 1% increase. The deal was to be for three years and passed the spending bill with an increase inthe debt ceiling. Till that time the Democrats decided to not enter negotiations.  Biden and McCarthy then had to choose who would represent their side in the long negotiation process that lay ahead till June 5. Progressive Democrats called for invoking the 14th Amendment that allows the government to continue functioning and pay its bills. Biden chose not to take that route. Respect for the other side, a prepared script are an important point in negotiations. To get results something even more important is essential flexibility and a plan, Plan B. Trust began to develop between McCarthy and Biden. Biden and McCarthy did not any time engage in acrimonious description of the other side. At one point when Biden was in Hiroshima for the G7 meetings Ricchetti on the Biden side and Graves on the Republican side began to feel the frustration. Biden decided to fly home early from Hiroshima. He was constantly in touch with his negotiators Steve Ricchetti, a trusted aide, and a cabinet official the Budget Director Shalanda Young. Graves a long time trusted adviser of McCarthy headed the negotiations for McCarthy.  Shalanda Young and Garrett Graves are both from Louisiana and Graves says he used to work out with Young's dad in the same area. This had a positive effect. It also reduced the tensions in the negotiations so that it could be said this was the calmest negotiation from either side that has been seen in the US  for a long time and bodes well for America's future and for its people, far beyond any concessions made by either party.  Biden made clear at the outset what he could accept without leaving it hidden- he would agree to some work requirements, he would not agree to work requirements for Medicaid. Others in the Democratic party conveyed how distraught they were with efforts to impose stringent requirements for federal food aid during a cost of living crisis when the Republican positions ruled out any new taxes on the wealthiest Americans. In the end Republicans agreed to keep spending limits for 2023 for two more years into 2025 when they would be increased by 1%. Democrats offered to cut (Income Tax) Internal Revenue Service (IRS) spending to increase IRS staffing from $80 billion to $70 billion. Biden said "nobody got everything they wanted." It would have to be passed in Congress with the support of moderate Democrats and moderate Republicans, with members holding extreme positions among Republicans and Democrats opposing. The two parties coming together after a long time to meet the real challenges ahead for the American people. ...