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Thursday, March 31, 2011

Info Post
This afternoon, all 47 Senate Republicans co-sponsored a proposed amendment to the Constitution which would require the government to have a balanced budget. It’s expected to be designated as S. J. Res. 10. Human Events has a good story on how this amendment came together.

Key highlights of the proposal:
Presidential Requirement to Submit a Balanced Budget
Prior to each fiscal year, the President must transmit to Congress a balanced budget that limits outlays to 18 percent of GDP.

Requirement to Pass a Balanced Budget
With the following limited exceptions, Congress must pass a balanced budget:
  • Requires 2/3 of both Houses for a specific deficit for a fiscal year.
  • Requires a majority of Congress for a specific deficit for a fiscal year during a declared war.
  • Requires 3/5 of Congress for a specific deficit for a fiscal year during a military conflict declared to be “an imminent and serious military threat to national security” and the deficit must be limited to “outlays…made necessary by the identified conflict.”
18 Percent Spending Cap
With the following limited exceptions, Congress must limit outlays to 18 percent of GDP:
  • Requires 2/3 of both Houses for a specific excess above 18 percent for a fiscal year.
  • Requires a majority of Congress for a specific excess above 18 percent for a fiscal year during a declared war.
  • Requires 3/5 of Congress for a specific excess above 18 percent for a fiscal year during a military conflict declared to be “an imminent and serious military threat to national security” and the excess be limited to “outlays…made necessary by the identified conflict.”
Supermajority for Tax Increases
Establishes new supermajority requirement for net tax and rate increases:
  • Requires 2/3 of both Houses for a specific excess above 18 percent for a fiscal year.
  • Excludes increases in revenue resulting from tax cuts.
Supermajority to Raise the Debt Limit
Establishes new supermajority requirement for an increase in the debt limit:
  • Requires 3/5 of both Houses to increase the debt limit.
  • Requires a majority of Congress for a fiscal year during a declared war.
Congressional Enforcement and Use of Estimates
  • Provides for congressional enforcement and the use of estimates.
Limits on Courts
  • Prohibits courts from ordering revenue increases to enforce.
Effective Date
  • Becomes effective the fifth fiscal year after ratification.

Proposed Amendment:
JEN11494 S.L.C.
112TH CONGRESS
1ST SESSION S. J. RES. ll
Proposing an amendment to the Constitution of the United States relative
to balancing the budget.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. HATCH (for himself, Mr. LEE, Mr. CORNYN, Mr. KYL, Mr. MCCONNELL, Mr. TOOMEY, Ms. SNOWE, Mr. RISCH, Mr. RUBIO, Mr. DEMINT, Mr. PAUL, Mr. VITTER, Mr. ENZI, Mr. KIRK, Mr. THUNE, Mr. ALEXANDER, Mr. INHOFE, Mr. CRAPO, Mr. BURR, Mr. BARRASSO, Mr. COBURN, Mr. MORAN, Mr. LUGAR, Mrs. HUTCHISON, Mr. ISAKSON, Mr. BROWN of Massachusetts, Mr. JOHNSON of Wisconsin, Mr. GRAHAM, Mr. GRASSLEY, Mr. SHELBY, Mr. SESSIONS, Mr. MCCAIN, Mr. BOOZMAN, Mr. ROBERTS, Ms. COLLINS, Mr. HOEVEN, Mr. CHAMBLISS, Ms. AYOTTE, Mr. BLUNT, Mr. COATS, Mr. COCHRAN, Mr. CORKER, Mr. ENSIGN, Mr. JOHANNS, Ms. MURKOWSKI, Mr. PORTMAN, and Mr. WICKER) introduced the following joint resolution which was referred to

JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States relative to balancing the budget.
1 Resolved by the Senate and House of Representatives
2 of the United States of America in Congress assembled
3 (two-thirds of each House concurring therein), That the fol
4 lowing article is proposed as an amendment to the Con
5 stitution of the United States, which shall be valid to all
6 intents and purposes as part of the Constitution when
============
2 JEN11494 S.L.C.
1 ratified by the legislatures of three-fourths of the several
2 States:
3 ‘‘ARTICLE—
4 ‘‘SECTION 1. Total outlays for any fiscal year shall
5 not exceed total receipts for that fiscal year, unless two
6 thirds of the duly chosen and sworn Members of each
7 House of Congress shall provide by law for a specific ex
8 cess of outlays over receipts by a roll call vote.
9 ‘‘SECTION 2. Total outlays for any fiscal year shall
10 not exceed 18 percent of the gross domestic product of
11 the United States for the calendar year ending before the
12 beginning of such fiscal year, unless two-thirds of the duly
13 chosen and sworn Members of each House of Congress
14 shall provide by law for a specific amount in excess of such
15 18 percent by a roll call vote.
16 ‘‘SECTION 3. Prior to each fiscal year, the President
17 shall transmit to the Congress a proposed budget for the
18 United States Government for that fiscal year in which—
19 ‘‘(1) total outlays do not exceed total receipts;
20 and
21 ‘‘(2) total outlays do not exceed 18 percent of
22 the gross domestic product of the United States for
23 the calendar year ending before the beginning of
24 such fiscal year.
============
3 JEN11494 S.L.C.
1 ‘‘SECTION 4. Any bill that imposes a new tax or in
2 creases the statutory rate of any tax or the aggregate
3 amount of revenue may pass only by a two-thirds majority
4 of the duly chosen and sworn Members of each House of
5 Congress by a roll call vote. For the purpose of deter
6 mining any increase in revenue under this section, there
7 shall be excluded any increase resulting from the lowering
8 of the statutory rate of any tax.
9 ‘‘SECTION 5. The limit on the debt of the United
10 States shall not be increased, unless three-fifths of the
11 duly chosen and sworn Members of each House of Con
12 gress shall provide for such an increase by a roll call vote.
13 ‘‘SECTION 6. The Congress may waive the provisions
14 of sections 1, 2, 3, and 5 of this article for any fiscal year
15 in which a declaration of war against a nation-state is in
16 effect and in which a majority of the duly chosen and
17 sworn Members of each House of Congress shall provide
18 for a specific excess by a roll call vote.
19 ‘‘SECTION 7. The Congress may waive the provisions
20 of sections 1, 2, 3, and 5 of this article in any fiscal year
21 in which the United States is engaged in a military conflict
22 that causes an imminent and serious military threat to
23 national security and is so declared by three-fifths of the
24 duly chosen and sworn Members of each House of Con
25 gress by a roll call vote. Such suspension must identify
============
4 JEN11494 S.L.C.
1 and be limited to the specific excess of outlays for that
2 fiscal year made necessary by the identified military con
3 flict.
4 ‘‘SECTION 8. No court of the United States or of any
5 State shall order any increase in revenue to enforce this
6 article.
7 ‘‘SECTION 9. Total receipts shall include all receipts
8 of the United States Government except those derived
9 from borrowing. Total outlays shall include all outlays of
10 the United States Government except those for repayment
11 of debt principal.
12 ‘‘SECTION 10. The Congress shall have power to en
13 force and implement this article by appropriate legislation,
14 which may rely on estimates of outlays, receipts, and gross
15 domestic product.
16 ‘‘SECTION 11. This article shall take effect beginning
17 with the fifth fisca

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