We’re about to talk about Senator Fetterman’s Twitter account, but let’s start with some basics.
First, we feel terrible that Mr. Fetterman suffered a stroke and for his continuing difficulties. However, it is obvious that he is just not able to do the job of senator. He should, for the good of the people of Pennsylvania, step aside and let someone else take his place.
Second, most politicians do not run their own Twitter accounts—or other social media. There are notable exceptions. We feel confident that much of the time Ted Cruz is writing his own tweets. And Trump used to personally tweet all the time and now posts on TruthSocial. However, no one is going to convince us that Fetterman is tweeting anything, especially not the nonsense we are about to discuss. We are not even sure he is aware of his Tweets.
In other words, if we saw this as metaphorically slapping around a stroke victim, we might not have written this post. But it isn’t. It is metaphorically slapping around a staff that is complicit in keeping him in the Senate, when he should be home and recouping from his stroke.
And what his staff tweeted out is painfully clueless and disturbingly autocratic:
President Biden needs to consider using the 14th Amendment if necessary.
— Senator John Fetterman (@SenFettermanPA) May 18, 2023
Of course, he is discussing the alleged Fourteenth Amendment ‘solution’ to the debt ceiling problem.
That ‘solution’ involves a fringe theory that has recently become inexplicably popular on the left that the Fourteenth Amendment means that Biden can unilaterally ignore the debt limit.
To explain what they are talking about we start with the text of the amendment. The relevant part of Section 4 says the following:
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.
So, the theory goes that somehow this means we cannot fail to pay the debt, and, since Democratic politicians have actually convinced themselves that the only way to pay off the national debt is to go further into debt, they believe Biden can put us all further into debt without Congressional authorization.
Honestly, to restate the argument is probably enough to refute it, but if that isn’t enough:
The claim that refusing to let us go into more debt = questioning the validity of the debt is simply silly
The so-called 14th A solution is silly https://t.co/DTGDWQJeOo
— Bad Constitutional Takes (@BadConstTakes) May 21, 2023
If you miss payments on your credit cards your debt doesn't magically disappear. The 14th Amendment text just says that Congress can't just declare debt invalid and move on.
— Sean T at RCP is a free elf (@SeanTrende) May 21, 2023
Indeed, if you had a loan on your car, and you missed a payment, are you denying the validity of that debt? Or are you just missing a payment? Certainly, having a valid debt doesn’t obligate you to go further into debt.
Indeed, it highlights the unreality of this entire debt ceiling debate. Imagine if you had a car payment due and you couldn’t pay it. So, you go to the bank and ask for a loan.
Bank manager: ‘What do you need the loan for?’
You: ‘To help make payments on my car loan. I can’t afford them anymore.’
Bank manager: ‘So how are you going to pay off our loan?’
You: ‘Well, when I can’t afford that, I will get another loan.’
Do you think you would get that loan? Do you think it is even a good idea to get a loan like that if the bank manager didn’t laugh you out the door?
Alas, Fetterman’s staff goes on:
The entire GOP debt ceiling negotiation is a sad charade, and it’s exactly what’s wrong with Washington. We’re playing with fire and the livelihoods of millions just for the GOP to try and turn the screws on hungry Americans.
— Senator John Fetterman (@SenFettermanPA) May 18, 2023
For the record, what we are seeing are checks and balances in action. It is not what is wrong with Washington. It is the Constitution operating as intended, forcing opposing sides to compromise.
What is wrong with Washington (among many things) is that both parties are willing to send us further and further into debt, with no end in sight, let alone any plan to actually pay any of it off. It is going to wreck this country if it doesn’t stop. We don’t call people unpatriotic lightly, but every single person contributing to this situation is exactly that: Unpatriotic.
This is the whole reason why the 14th Amendment exists, and we need to be prepared to use it. We cannot let these reckless Republicans hold the economy hostage.
— Senator John Fetterman (@SenFettermanPA) May 18, 2023
And as of this writing, that tweet is disputed by community notes and rightly so. It is ridiculous to say that the entire purpose of the Fourteenth Amendment is about keeping people from denying the debt of the United States.
All those silly people who thought the 14th Amendment was about slavery. https://t.co/FSuKq7wm04
— Scott Greenfield (@ScottGreenfield) May 24, 2023
We would respectfully disagree with Mr. Greenfield, but it’s a reasonable interpretation. If you are not familiar with all the amendment does, this is a brief summary:
First, it repudiated Dred Scott v. Sandford, 60 U.S. 393 (1857), which declared that black people (free or slave) were not citizens of the United States and could not be made citizens of the United States. Under this amendment any person born here was a citizen as well as any person made a citizen by law.
Second, it basically prohibited discrimination in the law (especially along racial lines).
Third, it made the Bill of Rights apply to the states, when previously they were interpreted as applying solely as a limitation on federal power.
Fourth, it addressed apportionment in the states—how much representation each state got in Congress.
Fifth, it disqualified many Confederates from holding office.
Sixth, it prevented people from denying the Union debt, or recognizing the Confederacy’s debts.
Seventh, and finally, it granted to Congress the power to enforce this amendment.
Thus, the claim of Fetterman’s staff that protecting the U.S. debt is the whole purpose of the Fourteenth Amendment is simply ignorant. It is not even, broadly speaking, the only thing it does, and most of us wouldn’t think it is the most important thing it does.
And his staff continues:
And, if our unelected Supreme Court Justices try to block the use of the 14th amendment and blow up our economy, that’s on them.
— Senator John Fetterman (@SenFettermanPA) May 18, 2023
Talk about abdicating one’s duty to uphold the Constitution—although to be fair, we don’t believe Fetterman’s staff ever took the oath to uphold the Constitution. And as a point of fact, if the Biden administration does this flagrantly unconstitutional thing, it isn’t the courts’ fault when it is struck down.
Naturally, these Tweets got pushback, and not everyone recognized that they were talking to his staff, not Fetterman:
TFW you’re trying to explain why the 14th Amendment applies pic.twitter.com/cJqAxnkqGr
— Magills (@magills_) May 18, 2023
— Peachy (@Northwoodscanoe) May 18, 2023
— Danny C (@DannyC_DC1111) May 18, 2023
My 8th-grade Special Ed Students took their Civics final today. They know it better than this politician! Gheez! This person is f’ing embarrassing! https://t.co/zMiREYc5Yq
— XXTomboy (@GenXTomboy) May 24, 2023
It is dismaying, frankly, to see her use special education as an insult.
So who’s the mystery staffer writing this codswallop? 😡😡😡 https://t.co/Jmncu0qkfH pic.twitter.com/dWPsYRWfqk
— ♞Paladin♞ (@Glorfindel1951) May 24, 2023
Recite the 14th amendment on video please. No editing. https://t.co/BAAkgvN33E
— Carlos (@txiokatu) May 24, 2023
Okay, whether one has sympathy for Fetterman or not, that’s pretty funny.
Crying laughing https://t.co/HuIS9af7aI
— Leon Hamburger (Revenge Arc) (@leonhanbaga) May 19, 2023
everyone understands this is an escalation in our politics, right? democrats are choosing the *undemocratic* autocratic route.
house republicans pass legislation and come to the table to negotiate and biden with senate democrats are throwing a temper tantrum. https://t.co/zpyeUscU3p
— kaitlin (@thefactualprep) May 19, 2023
Nah, the 25th is more appropriate for Biden.
— God bless the USA! 🇺🇸🙏 (@re88465915) May 19, 2023
Do Democrats have some special version of Amendment XIV that nobody else has? Nowhere in either Section 4 (…validity of public debt of the United States…) or Section 5 (The Congress shall have power to enforce…) is the President given any power to bypass Congress on…
— Robert Bruce Willsie (@bobw222) May 19, 2023
The full text reads:
Do Democrats have some special version of Amendment XIV that nobody else has? Nowhere in either Section 4 (…validity of public debt of the United States…) or Section 5 (The Congress shall have power to enforce…) is the President given any power to bypass Congress on payment of debt. In fact Section 5 specifically states otherwise.
It would be hard to square this theory with the statement in Section 5 of the Fourteenth Amendment that Congress has the power to enforce the amendment. But then again, this entire argument is hard to square with first grade reading comprehension.
And, in case you weren’t sure what Section 5 said, someone helpfully quoted it:
Section 5
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article
— Kurt🏄♂️ (@philosurfer88) May 20, 2023
To Fetterman's handler: no, that's not what the amendment was meant to do…. https://t.co/hEgXUKeGYD
— John (@CoyotePolitics) May 18, 2023
Of course, this person had an important question:
wtf is the 14th amendment why do yall have so many https://t.co/pSI5hy2SBu
— supercool (BRONYA HAVER) (@AmeliaSuperCool) May 18, 2023
Well, you know how it is. You get a little drunk, pull out some paper, and the next thing you know, there are like twenty-seven amendments to the Constitution!!!
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