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The Return of the Balanced Budget Amendment

“The balanced budget amendment has good aspects, but it is simply not good enough in dealing with fundamental constitutional change for our country.” And thus with that 23-word statement in 1997, Democrat Sen. Robert Torricelli of New Jersey sunk conservative spirits. No longer did the U.S. Senate have the two-thirds it needed to enshrine a fundamental principle of governing into the highest law of the land: that politicians should pay for what they spend.

Controversial, I know. Pfft.

Due to Democrat Torricelli’s jellyfish backbone, the 1997 Balanced Budget Amendment fell one vote short of hitting the needed threshold, which was the same margin of failure as just one year before. And liberals couldnt have been happier. Their penchant for obligating the taxpayers of tomorrow to pay for the spending binges of today remained unbroken.

Not that the dissenting senators worded their objections that way. Nope. To Vermont’s incorrigible leftist Sen. Patrick Leahy, inserting a mechanism into the Constitution that would enable our government’s books to mirror the realities American businesses and families face daily was “bumper sticker politics” and “sloganeering.” The way toward rectifying Uncle Sam’s balance sheet was, according to Leahy, “political courage,” not tinkering with the Constitution. Thirty-three of Leahy’s Democratic colleagues agreed.

Mind-Boggling Debt

Of course, by “political courage,” Leahy didnt mean reforming our insolvent entitlement systems or abolishing many of the improvident, senseless, and unconstitutional government bureaucracies and programs in existence. Nah. He meant tax increases on the rich. You know the drill, people.

Prescience, however, is not a valued commodity in Washington, D.C., as lawmakers pursue policies that are in the best interest of their reelection, not of the republic.

When the balanced budget amendment failed in 1997, the federal deficit stood at just $22 billion and the national debt hovered around 5.5 trillion — meager compared with today’s obscene figures, where we have a deficit topping $1.6 trillion this year alone accompanied by a mind-boggling debt of $14 trillion and growing.

To put our debt in perspective, Kobe Bryant makes $25 million playing for the Los Angeles Lakers. Any guesses on how many seasons Kobe would have to play in order to pay off today’s national debt? How about a whopping 560,000. That’s chilling, and quite frankly, incomprehensible.

Heck, we’ve run deficits in 54 of the last 60 years, as the National Taxpayer Union points out. That’s a figure that would make Keynes himself blink.

Ironically, Leahy was on the right track when he spoke of the need for political courage. This country desperately needs it, but it must manifest itself in the form of politicians who will defend the property rights of all Americans as opposed to the current lawmaking that treats this nation’s treasury as a personal ATM card.

The brute political courage we need is for politicians to plug Congress’s desire to ransack the appropriations process to engineer winners and losers in the marketplace and thus perpetuate a class of constituents whose inspiration to vote is driven by keeping the government gravy train on a track straight to their bank accounts.

Thanks to the midterm elections, the time for real political courage is now: The balanced budget amendment is making a comeback thanks to one veteran and one freshman senator.

“The people are calling for it. They are clamoring for it. They’re demanding it,” said newly elected Utah Sen. Mike Lee, who has 19 of his colleagues, including Jim DeMint and Rand Paul, rallying in support of his balanced budget amendment. “The American people overwhelmingly demand it, and if members of Congress value their jobs, they are going to vote for it,” he told Human Events in an exclusive interview.

Lee’s a Tea Party faithful who believes his job boils down to this bare-bones task: produce a government in the original mold of the Constitution, which is to say, one whose legislative reach is restricted and clearly defined. In other words, a federal government that looks absolutely nothing like what we have today.

Opportune Time Needed

Lee is so intent on getting a vote on his balanced budget amendment that he’s ready to filibuster the vote on whether or not to raise the debt ceiling as a tactical move.

“I can tell you that there are a lot of people who will not even consider it [a vote on the debt limit] without a balanced budget amendment first being proposed by Congress,” he said emphatically.

That’s certainly one approach — to hold the Senate hostage until real, austere statutory spending limits are adopted.

Utah’s senior Sen. Orrin Hatch doesnt see it that way. He’s looking for a vote on his balanced budget amendment too, but at a time believed to be the most opportune for passage. He hasn’t set firm timetables or made any strict demands.

“You have to have a bipartisan vote. You have to have a President that does care, and you have to have a setting in time where people can’t do anything but vote for it,” Hatch explained. “Right now, I don’t think we have that.”

If youre keeping score, the two senators from Utah both have competing balanced budget amendments floating around the Senate. In some ways, these jockeying amendments are a reflection of the Tea Party being a big kid on the block within the GOP.

Hatch, though, has been in the Senate for more than three decades, and is confident that he can get a balanced budget amendment through, which is why he’s taking a softer tone and insisting on waiting for the best moment to accomplish that.

And there’s something to be said for Hatch’s, well, “political,” approach. He’s shepherded the balanced budget amendment since 1982, when it was approved in the Senate, but torpedoed in the House by then-Speaker Tip O’Neill. And, as noted above, Hatch came painstakingly close twice in the Senate, both in 1996 and 1997.

“It’s every bit as difficult now, but it’s important that we bring it up and that we make all the strides we can,” he said.

The long-serving senator has 32 co-sponsors for his bill, including Chuck Grassley of Iowa, who is the ranking member on the Judiciary Committee.

When it comes down to it, both Hatch and Lee’s amendments have the same goal: ending profligate spending. In fact, as Nobel Laureate James Buchanan said, “The balanced budget norm is ultimately based on the acceptance of the classic principles of public finance, meaning that politicians shouldn’t spend more than they are willing to generate in tax revenues, except during periods of extreme and temporary emergency.”

Wait, why is this concept controversial again? Because it handcuffs Big Government believers from exerting influence over our personal decision making, thats why.

Courts Involved

There are notable differences between the balanced budget amendments of Hatch and Lee, which we lay out in detail in the accompanying chart. While Mike Lee would restrict government spending to 18% of the gross domestic product (GDP), Hatch’s limits the figure to 20%. The 40-year average of tax receipts to GDP is around 18%, and Hatch knows this to be the case, but, to quote him, “If you get it too low, then you lose any chance with the Democrats.” And that, right there, encapsulates the internal friction the GOP will face with this budding Tea Party caucus going head-to-head with those who are willing to work with Democrats to deliver a final product.

But there’s more: Hatch’s proposal allows a simple majority vote to waive the balanced budget requirement when there’s a declaration of war or a designated military conflict, whereas Lee’s amendment provides no such exception. His threshold is much higher — a two-thirds vote.

When aren’t we in a military conflict? Lee quips.

There are also differences in the enforcement mechanism. Lee would grant standing in federal court to members of Congress if flagrant violations of the amendment occur. Hatch doesnt want the courts anywhere near enforcement, believing that public pressure placed on politicians instead provides the best form of accountability. Plus, “Who wants the courts doing it?” asked Hatch, alluding to their predilection toward activism.

Lee himself acknowledges that court intervention would be rare, but that the mere possibility that it could occur would add some additional incentive to Congress to make sure that it stays within their restrictions.

So far, so good.

But procedurally, how would our gargantuan budget ever get balanced? We’re dealing with trillions of dollars here, after all, a highly complex web of arithmetic. Congress must make a good-faith effort, say Hatch and Lee, to use the best possible projections of spending and receipts. Even with the accurate projections, economic conditions change throughout the year that may inhibit the Feds’ budget from being balanced, such as underestimating costs, which happens more frequently than not these days. If such a scenario plays out, and a fiscal year does end with a deficit, such spending cuts can be incorporated into the next fiscal year’s budget and make up the difference on the back end. Under both plans, by the way, two-thirds of Congress would be needed to raise taxes, so it would be more likely than not that the budget would be balanced by spending cuts, not tax increases.

Hey, were all game for that.

Naturally, getting a balanced budget amendment adopted as part of the Constitution will not be an easy feat. And not because of the numerical hurdles and multiple steps needed to get any amendment through the Constitution (the process should be difficult). It’s because Democrats will kick and scream over the severe cuts to spending that would ensue after the adoption of a balanced budget amendment.

Heck, Senate Majority Leader Harry Reid and his left-wing posse went apoplectic at a proposed spending reduction of $61 billion over the next seven months, calling it “extreme” and “draconian.” Just $61 billion. Thats it. To realize just how absurd such objections were, $61 billion is only a one-third of the money needed to cover the interest payments for U.S. bondholders this year alone.

Imagine when formal debate begins on the need to cut trillions in spending to rein in our deficit? Democrats may cut off their right arms in protest.

“This is exhibit A for why we need a balanced budget amendment,” responded Lee. “Politicians have reached the conclusion that they are the bad guys unless they say ‘yes’ to more spending, and it’s in light of that aspect of human nature that particularly tends to affect politicians, and that’s why we need a constitutional amendment.”

Unified GOP Caucus

“If this is going to get passed in the next two years,” says Hatch, “President Obama will have to step to the plate. Ultimately you’ll need presidential leadership because everybody knows that you’re not going to get spending under control until we take on entitlements as well. You cannot do it without presidential leadership.”

Remider: There’s always new presidential leadership come 2012. Well, we hope so anyway.

In the end, expect the GOP to have a unified caucus on a merger of the Hatch and Lee balanced budget amendments. It’s hard enough (almost impossible) to get one through when Democrats are in control of the Senate and the presidency, so the Republicans will need a unified front like they’ve had in the past.

A balanced budget amendment restricts the power of lawmakers, and that’s why the left despises it, and will work vigorously to defeat it. Get ready.

In the end, it is exactly what the Constitution needs. And esteemed economist Milton Friedman identified why two decades ago.

Said Friedman: “The amendment is very much in the spirit of the first 10 amendments — the Bill of Rights. Their purpose was to limit the government in order to free the people. Similarly, the purpose of the balanced-budget-and-tax-limitation amendment is to limit the government in order to free the people — this time from excessive taxation.”

If we cannot cut the Welfare State under these distressing economic conditions, then we’ll never do it. Now’s the time.

Cross-posted from Human Events


Mr. Mattera is the editor of HUMAN EVENTS and the author ofObama Zombies: How the Liberal Machine Brainwashed My Generation (Simon & Schuster).He also hostsThe Jason Mattera ShowonNews Talk Radio 77WABC. Previously, he was the Spokesman for Young America’s Foundation and a TV correspondent for Michelle Malkin. Follow Jason onTwitter,Facebook, andYouTube.

COMMENTS

  • steve010

    in their Constitution. They have no foreign or domestic debt. This country is rated the most capitalistic country in the world. They essentially have zero unemployment because 30% of their labor force is guest foreign workers. They also have no minimum wage. Average per capita income is 66K. They haven’t had a “business cycle” since before the second WW. The last war they were in was against Napolean and they surrendered pretty quick. There is only one way to prosperity, hard work and savings. It’s impossible to spend and borrow your way to wealth.

    • toothpick

      …for your national defense.

      • The_Gadfly
  • http://teapartisan.wordpress.com Loren Heal

    would be to require the repayment of the principle with 10% of our national revenue until paid in full, and a government shutdown as penalty for failure.

    No need to talk about emergencies, no lying with numbers. What do we owe? 10% of what we take in goes to paying it down.

    Would Congress raise taxes? Possibly. But soon we would have he same dynamics as now, because most people understand that the money you get from taxes doesn’t rise linearly with rates.

    More importantly, paying down the debt is an actual, measurable way to hold Congress to account.

    And it’s really the whole fix. Balancing the budget is just a bandaid.

    Furthermore, this plan at least balances the budget.

  • spinoneone

    That is the question. Why? Because it is absolutely impossible to “balance” the budget unless and until the monies available to finance entitlements are equal to or greater than the funds expended on those entitlements.

    Every person earning a wage or other income in the U.S. pays taxes. You pay for Social Security, Medicare/Medicaid, and, in most places, federal, state, and occasionally locality taxes. Also add in various “excise” taxes on the likes of alcohol, gasoline, etc. However, singles who earn less than $25,000 and families who earn less than $50,000 generally get a full rebate of their federal income taxes. In reality, according to taxfoundation.org, the upper 50% of income earners pay 98% of the federal income tax burden. How’s that for “progressive?” So, any tax increase on income/dividends/capital gains/etc, falls, almost by definition, on the “rich” and not on the “poor;” the poor do not pay income taxes as things stand today.

    The only way to spend 18 or 20 percent of GDP and “balance” the budget is to be sure that the Federal Government’s income is equal to or greater than that figure. That implies a Federal flat tax on all income in all forms of about 15% plus the current excise taxes. With no tax breaks for anyone a Form 1040 would be about one page long.

  • Adjoran

    in an economic sense, as Milton Friedman pointed out.

    Either government collects all its revenue in taxes as it would under a BBA, in which case it directly removes that money from the economy, or it funds itself partly through taxation and partly through borrowing – and the same amount is extracted from the private economy, only some is taken directly and the rest removed from credit markets. The net effect is identical.

    Notice also that BBA doesn’t necessarily even save interest costs except that it forbids adding new debt. Current interest, no matter how high, is part of the budget and would have to be covered, but the BBA as proposed in the past would not force the debt itself to be paid down. A BBA would also give Democrats a new argument for raising taxes – “We hate to do it, but we must balance the budget!”

    The problem, Friedman noted, isn’t so much deficit spending as the overall level of spending, period. We need to reduce spending. That is the problem. If we cut spending to reasonable and sustainable levels, the deficit problem will be much simpler to deal with.

  • constitutionalconservativeguy

    33 States might require their budgets to be balanced. But they aren’t the God-send that Republicans make them out to be (as they did in 1994). Just ask residents of states like California — my state. And let’s not forget that Republicans are just as guilty for our national mess as the Democrats. To quote John McCain, they spent “like a drunken sailor.” Balanced budgets don’t and won’t prevent reckless spending.

    What we really need is an Amendment that says the current national debt must be lowered by at least $250billion each year until it’s paid off. And if Congress can’t pass a budget that accomplishes just that, then every federal agency’s budget, every program spending federal dollars, will be reduced by a flat percentage that ensures that the $250billion debt reduction happens. That will take about 55 years from now but at least it will happen. Also, to ensure that this much debt isn’t accrued again, there would be a provision in this Amendment that says the national debt ceiling will also be lowered by as much as the debt is lowered each year. For those who think a national revolving line of credit is a good thing (I don’t), the national debt will never be allowed to exceed $2trillion again. No wartime or other special provisions will be included as reasons to waive this Amendment.

    Would I support a balanced budget requirement over the current system? You bet. But it shouldn’t be the beginning and end of restoring fiscal sanity in America.

  • ohiohistorian

    Can anyone tell me by how much the National Debt fell during the Clinton “surpluses”? It appears to me that it went up instead. If that is true, how will you know you even HAVE a balanced budget? What defines a balanced budget? If you cannot define it, you cannot have an amendment to make it happen.

    Admitted, it is better than spending like a Democrat majority (I just can’t malign drunken sailors). But if they did, and the Prez signs the law, what will happen? There are no Republicans in Congress trying to get other unConstitutional legislation repealed. My guess is it will look like NOTHING.

  • Flagstaff

    The New Horizon space probe to Pluto was launched in 2006, achieving a speed of about 36,000 mph. That is 10 miles per second.

    If it had carried with it enough $10,000 bills to cover $14 trillion, it could have tossed out one of each at every mile along the way, ten per second. Or it could have done it easier, and carried $100,000 bills and tossed one out every second.

    Either way, the stash of Obama cash wouldn’t run out until late last year, four years plus after launch.

    So just imagine a trail of $10,000 bills floating in space, one every mile for 1.4 billion miles (or imagine a $2 bill every foot); from here to someplace past Saturn. That’s how big the national debt is.

    That’s why they call those figures “astronomical.”

  • http://www.hakubi.us/ Neil Stevens

    Unless you actually make it harder to raise taxes, sudden tax hikes will always be the Democrat solution to those BUDGET CRISES that always come up.

  • constitutionalconservativeguy

    Thank you for bringing up the Clinton “balanced budgets” and “surpluses.” No one can deny that there was a great economic expansion, nor that the debt increased at a slow rate. But you are spot on in asking “If that is true, how will you know you even HAVE a balanced budget?”

    My former Representative was Richard Pombo (R — CA) — associated with Tom DeLay’s shenanigans). I believe it was in the year 2004 that he described how the books were cooked during the Clinton years to give the appearance of a balance budget.

    I don’t mean to imply that the 28th Amendment to the Constitution would be a sham product of cooked books. I do mean to thank you for your point on how a balanced budget, in and of itself, would do nothing to pay off our debt.

  • GreyCloak

    didn’t exist.

    According to The US Treasury, the smallest increase in the national debt came in FY 2000: about $18 billion.

    The years before and after brought increases of about $130 billion/yr.

    Unfortunately, under Bush’ first Budget, the deficit increased to $420 billion. From 2003 forward, each year’s increase in the National Debt exceeded $550 billion.

  • constitutionalconservativeguy

    This is but one of the reasons that, here in CA, requiring a balanced budget means nothing. The real reason is that 85% of all spending is constitutionally mandated (in great part thanks to voter-approved initiatives); having to balance the budget on 15 cents of every dollar is near-impossible.

    I do want to reiterate my initial comment’s thought that a balanced budget is better than the current situation but NOT the beginning and end to our fiscal problems. Let’s hope this is only the start of reining in reckless government.

  • http://www.hakubi.us/ Neil Stevens

    In the past we had a supermajority requirement to raise taxes.

    We got rid of that in November, stupidly enough.

    The Lee Amendment should have added one.

  • drfredc

    For one, the BBA isn’t necessary. What is required is acceptance that the Preamble’s clause of preserving liberty to our prosperity means you don’t dump debt on future generations — each generation should pay it’s own way.

    The problem with the BBA is something like it’s been tried in CA — and look what the result was — run away spending and debt plus an entrenched tax and spend mentality in the Legislature.

    The BBA will entitle tax and spend politicians to make easy marks during a campaign against anyone who tries to be fiscally conservative. The end result is there’s a massive majority of tax and spenders willing to do anything to get enough votes to raise taxes and increase spending.

    It’s a good idea with VERY BAD unintended consequences. It’s also a RINOs delight as it gives RINOs power over fiscally conservative folks as it will be the RINOs who always cast the votes to break the tax and spend barrier….

  • JoeG

    If 34 state legislatures can be convinced to go for the BBA, then congress can be bypassed.

  • Adjoran

    But there is no law on Constitutional Conventions, no set method for allocating or selecting delegates, no rules of procedure, etc. It wouldn’t take many who want to obstruct a BBA to keep a CC in chaos.

    And even if it managed to pass, 38 states would still have to ratify it.

  • The_Gadfly

    a CC won’t be bound by the reasons it was brought together. They certainly weren’t when they met to reform the Articles of Confederation and came up with our current system. That time we were fortunate in that we had leaders who were looking to be guided by Divine Providence. This time…. Color me skeptical.

  • GreyCloak

    From Wikipedia:

    Between April 29, 1975 and January 29, 1980, 34 petitions from 30 different state legislatures were submitted to Congress on the subject of a Balanced Budget Amendment. … Since 1980, two additional state legislatures have petitioned Congress for a convention for a Balanced Budget Amendment, bringing the total number of participating states to 32.

    Unfortunately, a Constitutional Convention would open up just about everything, not a single Amendment.

    Congress has no desire for a BBA, but there is an alternative.

    Many States have recall provisions, and a single uniform Petition in each State could be put on the ballot:

    “If the Federal Congress fails to pass the following Amendment [insert text here] within six months of its new session, each Senator or Representative elected to Federal office from this State who fails to vote FOR this Amendment shall be recalled, and a Special Election held for their Offices.”

    Once Congress passes a BBA, it will be up to the States to ratify it.

  • JoeG

    Rather than letting a convention form, they will vote for anything coming close to the magic number of 34.

    It has happened four times before. Prior to the passage of the 17th, 21st, 22nd and 25th amendments states were getting close to the threshold.

  • popster

    What we need are honest and fiscally responsible politicians in Congress. In other words keep the sharks out of the water.
    Both parties shoulder the responsibilities of the mess we are presently in, let’s not allow them to make it worse with a CON-CON, God only knows where that will lead us. Probably into socialistic Hades.

  • rdm42

    Raising taxes requires a 3/4 majority.

    Passing a budget which raises existing spending at a rate above inflation requires a two thirds majority.

    Passing a budget which reduces spending from current levels requires only a simple majority.

    Every proposed budget must be at least ten percent below the current debt ceiling.

    Raising the debt ceiling requires a two thirds vote.

    Lowering the debt ceiling requires a simple majority.

  • wgsampson

    in such a way as to restrict government. I would hope we would look at restricting the Federal Government to a specific percentage of the previous years GDP. Some have said 20% would be good, and while that may be a good starting point, it should ultimately be cut back to no more than 10%.

  • ryanbinaz

    http://publiushuldah.wordpress.com/2011/02/23/why-the-balanced-budget-amendment-is-the-worst-idea-ever/

  • controse

    only salvation. Balanced schmalanced. The first priority is to REDUCE the national debt to a pittance. Mandated application of yearly tax revenue to a fixed “some %” of the national debt with all other expenditures being subordinate. Reduction of the national debt cannot be gamed. A balanced budget is in the eye of those doing the balancing.

  • GreyCloak

    A BBA wouldn’t be necessary if Congress had the will to stop increasing the Budget and start paying down the Debt.

    A Canadian has the best article about reducing their National Debt:

    On the National Debt

  • GreyCloak

    Current and past BBA proposals retain loopholes and extraneous measures. It will take decades to pay off the current debt, but a simple measure would provide the opportunity to pay it down during good years and limit its increase in bad. I propose the following:

    Except in time of War, as declared by Congress under Section I, the Congress shall not appropriate nor the Executive authorize the expenditure of funds in any fiscal year in excess of the amount of Federal receipts in the previous fiscal year.

    This leaves taxes, debt ceilings, and supermajorities up to the remaining whims of Congress, but ensures fiscal discipline.