How is the 14th amendment relevant to the debt ceiling? Section 4 Public Debt.The debt ceiling, created under the Second Liberty Bond Act of 1917, sets the maximum amount of money that the United States can borrow. Constitutional Law The 14th Amendment Option. Yes, the 14th Amendment says that the national debt "shall not be questioned". The direct approach would be to declare the debt ceiling unconstitutional because the 14th amendment says that the public debt shouldn't be questioned. The 14 Amendment has text saying the validity of the public debt of the United States shall never be questioned. President Biden can invoke the 14th Amendment and order the Treasury to issue bonds and keep paying government bills in full. Laurence Tribe says in requiring president to pay U.S. debts it supersedes debtlimit law, breaks impasse over GOP demands. Treasury Secretary Janet Yellen said there are "simply no good options" for solving the debt limit stalemate in Washington other than Congress lifting the cap.