This joint resolution proposes a constitutional amendment prohibiting total outlays for a fiscal year from exceeding total receipts for that fiscal year or 18% of the U.S. gross domestic product unless Congress authorizes the excess by a two-thirds vote of each chamber. The prohibition excludes outlays for repayment of debt principal and receipts derived from borrowing.
The amendment requires a two-thirds vote of each chamber of Congress to levy a new tax, increase the rate of any tax, or increase the debt limit.
The amendment provides any Member of Congress with standing and a cause of action to seek judicial enforcement of this amendment if authorized by a petition signed by one-third of the Members of either chamber of Congress. Courts are prohibited from ordering any increase in revenue to enforce this amendment.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 26 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. J. RES. 26
Proposing an amendment to the Constitution of the United States
requiring that the Federal budget be balanced.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 2021
Mr. Loudermilk (for himself, Mr. Duncan, Mr. DesJarlais, Mr. Hice of
Georgia, Mr. Hern, Mr. Griffith, and Mr. Mooney) submitted the
following joint resolution; which was 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 rollcall 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 rollcall 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 rollcall
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
tenth fiscal year commencing after its ratification by the legislatures
of three-fourths of the several States.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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