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A Balanced Budget Constitutional Amendment: Procedural Issues and Legislative History (CRS Report for Congress)

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Release Date Aug. 5, 1998
Report Number 98-671
Report Type Report
Authors James V. Saturno, Government Division
Source Agency Congressional Research Service
Summary:

One of the most persistent political issues of recent years has been the federal budget of the United States and its deficit. Since the 1930s, dozens of proposals have called for laws or constitutional amendments that would require a balanced budget and/or limit the size or growth of the federal budget or of the public debt. The accumulation of large deficits since the 1970s has heightened the feeling of some policymakers and other observers that the Constitution should be amended to require the federal government to balance revenues and expenditures. The chief debate has been on the necessity of making such a requirement a part of the Constitution, but other questions have arisen as well. How would such a requirement affect the balance of power between the President and Congress? If Congress and the President failed to pass a balanced budget, how would the requirement be enforced? Should there be exceptions or circumstances when the requirement would not be enforced? In the 104th Congress, the House Republican leadership placed a balanced budget constitutional amendment on the agenda as part of its "Contract with America." The House passed H.J.Res. 1 , as amended, by the necessary two-thirds majority (300-132) on January 26, 1996. However, votes in the Senate on a balanced budget amendment fell short of achieving the necessary two-thirds majority vote on two occasions -- March 2, 1995, 65-35; and June 6, 1996, 64-35. Consideration of a balanced budget constitutional amendment has been renewed in the 105th Congress. The Senate Judiciary Committee held hearings on S.J.Res. 1 on January 17 and 22, 1997, and ordered it reported on January 30. The Senate began debating the measure on February 5, 1997, and on March 4 it was defeated when it fell short of the necessary two-thirds majority, 66-34. In the House, consideration in the 105th Congress has not advanced as far. After hearings by the Judiciary Committee (on February 3, 1997) and the Budget Committee (on February 5, 1997), the Judiciary Committee began a markup of H.J.Res. 1 on February 5, but recessed without coming to any conclusion. No further action has been taken. While the debate on a balanced budget amendment has continued, both Congress and the President have also worked towards the goal of achieving a balanced budget. The combined effect of the growth of the U.S. economy and efforts to restructure spending and revenues is a Congressional Budget Office (CBO) projection that the federal budget is expected to be balanced in 1998 and is likely to remain so for several years. On February 2, 1998, President William Clinton submitted the first proposed balanced budget since 1970. Subsequently, both the House and the Senate adopted concurrent resolutions on the budget, projecting a surplus.