Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding receipts for that fiscal year (except those derived from borrowing).
Prohibits outlays from exceeding 18% of the gross domestic product (GDP) for the calendar year ending before the beginning of such fiscal year.
Authorizes Congress to provide for suspension of the imposed limitations for any fiscal year for which two-thirds of each chamber shall provide, by a roll call vote, for a specific excess of outlays over receipts or over 18% of such GDP for such calendar year.
Prohibits any bill to levy a new tax or increase the rate of any tax from becoming law unless approved by a two-thirds roll call vote of each chamber.
Requires a two-thirds roll call vote of each chamber to increase the public debt limit.
Grants Members of Congress standing and a cause of action to seek judicial enforcement of this article when authorized to do so by a petition signed by one-third of the Members of either chamber. Prohibits a federal or state court from ordering any increase in revenue to enforce this article.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 5 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. J. RES. 5
Proposing an amendment to the Constitution of the United States
requiring that the Federal budget be balanced.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 3, 2011
Mr. Lee (for himself, Mr. Kyl, Mr. Barrasso, Mr. Burr, Mr. DeMint, Mr.
Graham, Mr. Paul, Mr. Risch, Mr. Rubio, Mr. Thune, Mr. Toomey, Mr.
Vitter, Mr. Crapo, and Ms. Ayotte) introduced the following joint
resolution; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States
requiring that the Federal budget be balanced.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of each House
concurring therein), That the following article is proposed as an
amendment to the Constitution of the United States, which shall be
valid to all intents and purposes as part of the Constitution when
ratified by the legislatures of three-fourths of the several States:
``Article--
``Section 1. Total outlays for any fiscal year shall not exceed
total receipts for that fiscal year.
``Section 2. Total outlays shall not exceed 18 percent of the gross
domestic product of the United States for the calendar year ending
prior to the beginning of such fiscal year.
``Section 3. The Congress may provide for suspension of the
limitations imposed by section 1 or 2 of this article for any fiscal
year for which two-thirds of the whole number of each House shall
provide, by a roll call vote, for a specific excess of outlays over
receipts or over 18 percent of the gross domestic product of the United
States for the calendar year ending prior to the beginning of such
fiscal year.
``Section 4. Any bill to levy a new tax or increase the rate of any
tax shall not become law unless approved by two-thirds of the whole
number of each House of Congress by a roll call vote.
``Section 5. The limit on the debt of the United States held by the
public shall not be increased, unless two-thirds of the whole number of
each House of Congress shall provide for such an increase by a roll
call vote.
``Section 6. Any Member of Congress shall have standing and a cause
of action to seek judicial enforcement of this article, when authorized
to do so by a petition signed by one-third of the Members of either
House of Congress. No court of the United States or of any State shall
order any increase in revenue to enforce this article.
``Section 7. The Congress shall have the power to enforce this
article by appropriate legislation.
``Section 8. Total receipts shall include all receipts of the
United States except those derived from borrowing. Total outlays shall
include all outlays of the United States except those for repayment of
debt principal.
``Section 9. This article shall become effective beginning with the
second fiscal year commencing after its ratification by the
legislatures of three-fourths of the several States.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S550-551)
Committee on the Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights. Hearings held. With printed Hearing: S.Hrg. 112-512.
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