President Joe Biden has resurfaced the controversial idea of using the 14th Amendment as a way to lift the borrowing cap without Congress. The Fifth Amendment, however, applies only against the federal government.The president says he is willing to discuss possible deficit savings, but without the threat of the federal government being unable to pay its bills. With negotiations over the debt ceiling stalling, some lawmakers are pushing President Biden to invoke the 14th Amendment. With negotiations over the debt ceiling stalling, some lawmakers are pushing President Biden to invoke the 14th Amendment. The Fifth Amendment, however, applies only against the federal government. U.S. Senator John Fetterman is calling on President Joe Biden to consider using the 14th Amendment to avoid a default on the nation's debt. Sanders' news conference, Sen. Some Senate Democrats are circulating a letter urging President Joe Biden to prepare to invoke the 14th Amendment to lift the debt ceiling. Second Liberty Bond Act of 1917.