CO Document Library-Case for Series Part 4

Attachment: 4672/4._Case_for_Amending_U.S._Constitution_(Balanced_Budget__August_30__2024)-merged.pdf

1

Case for Amending U.S. Constitution:

Balanced Budget

Written by Mr. Michael D. Forbis

August 30, 2024

Overview. This short paper attempts to provide a simple and objective explanation for the basis
of adding an amendment to the U.S. Constitution that addresses the need to have an established
Balanced Budget. It serves as a

starting and reference point

to inform further discussion and

development of the final amendment structure.

Disclaimer. The views expressed in this work are those of the author and do not necessarily
represent the views of Convention of States Action (COSA), its staff, or affiliates.

2

The federal government lacks discipline to establish a balanced budget each fiscal year, and

an amendment to the U.S. Constitution is necessary to rectify this situation.  The potential
amendment can simply be written in the following manner.

•

Section 1: Total federal outlays shall not exceed total federal receipts for each fiscal year.
Total federal outlays shall include all outlays of the United States, including those for
repayment on federal debt principal plus interest. Total receipts shall include all receipts
of the United States except that derived from borrowing.

•

Section 2: At least five percent of any fiscal year budget shall be applied to the
outstanding federal debt principal plus interest.

•

Section 3: Congress, whenever three fifths of both chambers by roll call deem it
necessary, may allow outlays to exceed receipts in section one for one fiscal year by
borrowing in accordance with the second clause of section eight of Article One of this
Constitution.

•

Section 4: Congress, whenever three fifths of both chambers by roll call deem it
necessary, may vote to raise Taxes, Duties, Imposts, or Excises to increase receipts for
one fiscal year in accordance with the first clause of section eight of Article One of this
Constitution.

•

Section 5: This amendment shall take effect in the third fiscal year after its ratification.

The first and second clauses in Article I of the U.S. Constitution are depicted below.

•

First Clause: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts
and Excises, to pay the Debts and provide for the common Defence and general Welfare
of the United States; but all Duties, Imposts and Excises shall be uniform throughout the
United States.

•

Second Clause: “To borrow Money on the credit of the United States.”

Basically, a balanced budget means that outlays do not exceed receipts. Since 1901, the

Federal Government has operated on a balanced budget 23.8% of the time (see Figure 1), and
this historical pattern by the Federal Government is a very poor track record.  In those years
where a deficit occurred, the Federal Government had to vote on increasing the federal debt limit
every time, and it is the greatest single factor for the increasing federal debt.  In addition, the
President's Budget submission from March 2024 included an estimate for FY25-29, and there is
absolutely no attempt to ensure outlays do not exceed receipts within these estimates.  In fact, the
President's Budget submission estimates the federal debt will reach $44 Trillion by FY29, and
the current federal debt is approximately $35 Trillion (see Figure 2).

1

   It is approximately a 25%

increase in only 5 years from now.  It seems the Federal Government anticipates just voting to
increase the federal debt limit every year as the historical pattern suggests.

1

Source:

www.govinfo.gov/app/collection/budget/

- Historical Tables 1.1, 7.1, & 7.3. These tables include historical federal

budget information, and it is readily available to the public.

3

Figure 1: Federal Budget Historical Record (Outlays vs. Receipts)

4

Figure 2: Historical United States Federal Debt

5

By 1979, there were two-thirds (34 of 50) of the states who submitted an Article V

convention application to address a single issue for a Balanced Budget Amendment to the U.S.
Constitution.  By 1982, this number reached 40 states, but there was no evidence of Congress
calling for an Article V convention for the sole purpose of developing a proposed Balanced
Budget Amendment.

2

  Based on Congressional Record, the 97th Congress (1981-1982) decided

to address the Balanced Budget Amendment by crafting a version of it and then voting on it.
Basically, it was substituting this action for a formal Article V convention by the 40 states. This
first attempt by the 97th Congress was somewhat successful when it passed by two-thirds in the
Senate but failed in the House.  The Congressional Record also shows the 99th Congress (1985-
1986), 101st Congress (1989-1990), 102nd Congress (1991-1992), 103rd Congress (1993-1994),
104th Congress (1995-1996), 105th Congress (1997-1998), 112th Congress (2011-2012), and
115th Congress (2017-2018) all made attempts to pass a proposed Balanced Budget Amendment
to the U.S. Constitution but all failed.  The 104th Congress was the closest to success, but it
came up short by 2-votes within the U.S. Senate on 2 separate occasions.  The House passed it
by 69.4% on its first attempt (see Annex A for Historical Summary).

3



By 2023, there were some states that rescinded / changed their Article V convention

application for a Balanced Budget Amendment, and the current count stands at 31 states
remaining.

4

  Congress made some reasonable attempts to propose a Balanced Budget

Amendment, but there were different issues with each attempt.  However, there was one
common theme with all the attempts, and it was that “total outlays do not exceed total
receipts.”  Thus, the U.S. Congress essentially acknowledged the basic idea that a Balanced
Budget Amendment involves outlays not exceeding receipts.  While this is a good discovery, the
fact remains that Congress still could not pass a proposed amendment.  At this point in history,
an Article V convention is likely the better option for developing a proposed Balanced Budget
Amendment, and it can be incorporated into a convention that examines multiple issues rather
than just a single one. Most importantly, the Article V convention can dedicate more time and
careful examination towards a proposed Balanced Budget Amendment without the distractions
of facing other legislative priorities that confronts the U.S. Congress.

The foundation of a Balanced Budget Amendment is structural and procedural in nature, and

it does not include provisions related to economic conditions or specific budget items. For
example, the federal debt can be compared to the gross domestic product (GDP) of the United
States (see Annex B pages B-1 to B-2), and total outlays and receipts can be compared to the
GDP (see Annex B page B-3). The inclusion of an economic condition like GDP to determine
the limit of the total federal debt or proportion of federal outlays in a fiscal year is beyond the

2

Source:

http://article5library.org/analyze.php

- the Article V Library is a repository of information tracking Article V

convention applications on various topics.  Select “Applications by Subject” and choose subject matter “Balanced Budget.”

3

Congressional Research Service (CRS) report R41907,

A Balanced Budget Constitutional Amendment: Background and

Congressional Options

, dated August 22, 2019 (

https:%%//%%crsreports.congress.gov

).  See

www.congress.gov

for specific archive

summary for each specific House and Senate resolutions described in CRS report R41907.  Summary outlined in Annex A.

4

See

http://article5library.or/analyze.php

6

scope of federal control. In addition, the inclusion of a specific budget item such as Social
Security or National Defense (i.e., declaration of war) as a specific exception within the
amendment creates additional complications beyond the intent of an overall Balanced Budget
(see Annex B pages B-4 to B-5).

5

  During the 112

th

Congress (2011-2012), specific economic

conditions like GDP and Social Security were included in two different amendment versions, but
they were met with drastic defeat (see Annex A page A-4). Even during some of the committee
hearings in other Congressional sessions proposing amendments, amendment versions
incorporating economic conditions or specific budget items were consistently rejected.

6

  Based

on these historical lessons, a proposed amendment for a Balanced Budget should not include
provisions related to economic conditions or specific budget items. However, the structural and
procedural composition of the Balanced Budget amendment provides flexibility when specific
exceptions may need to occur involving economic conditions or specific budget items.

Finally, this Balanced Budget amendment complements an overall Federal Budget Timeline
amendment. However, there is no guarantee both amendments will become part of the U.S.
Constitution. It is possible for this Balanced Budget amendment to be adopted without the
Federal Budget Timeline amendment, and this potential result is still better than the status quo.
Therefore, the introduction of two distinct but related amendments ensure a greater probability of
success to improve the overall federal budget than if both were compiled into one “mega”
amendment.

Annexes:

A.

Historical Balanced Budget Amendments – Full House or Senate Floor Consideration
(pages A-1 to A-4)

B.

Supporting Historical Budget Data Charts (pages B-1 to B-5)

5

Source:

www.govinfo.gov/app/collection/budget/

- Historical Tables 1.3, 4.1, 7.1, & 13.1. These tables include historical

federal budget information, and it is readily available to the public.  Summary outlined in Annex B.

6

See pages 11-20 of Congressional Research Service (CRS) report R41907,

A Balanced Budget Constitutional Amendment:

Background and Congressional Options

, dated August 22, 2019 (

https:%%//%%crsreports.congress.gov

).

Congress

Session

Proposed Amendment Concept

Senate Vote

House Vote

97th Congress

(1981-1982)

Requires Congress, prior to each fiscal year, to adopt a statement of receipts and outlays for that year in which total outlays are no greater than total receipts. Permits Congress in
such statement to provide for a specific excess of outlays over receipts by a three-fifths vote directed solely to that subject.

Prohibits total receipts for any fiscal year set forth in such statement from increasing by a rate greater than the rate of increase in national income in the last calendar year ending
before such fiscal year, unless Congress passes a bill directed solely to approving specific additional receipts and such bill has become law.

Permits Congress to waive the provisions of this Act with respect to any fiscal year in which a declaration of war is in effect.

Declares that total receipts shall include all receipts of the United States, except those derived from borrowing and total outlays shall include all outlays of the United States
except those for repayment of debt principal.

Declares that on and after the date this article takes effect, the amount of Federal public debt limit as of such date shall become permanent and there shall be no increase in such
amount unless three-fifths of the Congress passes a bill approving such increase and such bill has become law.

Makes this article effective for the second fiscal year beginning after its ratification.

69-31 (Passed)

August 4, 1982

S.J. Res 58

236-187

(55.8%, not passed)

October 1, 1982

H.J. Res 350

99th Congress

(1985-1986)

Prohibits Federal outlays from exceeding Federal receipts in any fiscal year, unless the Congress provides for a specific excess by a three-fifths vote of both Houses. Authorizes
the Congress to waive this article for any year in which a declaration of war is in effect

66-34 (Not Pass)

(1-vote short)

March 25, 1986

S.J. Res 225

N/A

101st Congress

(1989-1990)

Requires the Congress and the President, prior to each fiscal year, to establish an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment
of a law devoted solely to that subject. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-
fifths roll call vote of each House, shall provide for a specific excess of outlays over estimated receipts.

Requires a three-fifths roll call vote of each House to increase the public debt.

Directs the President to submit a balanced budget to the Congress.

Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law.

Waives these provisions when a declaration of war is in effect.

Makes this article effective beginning with FY 1995 or with the second fiscal year after its ratification, whichever is later.

N/A

279-150 (65%)

(Not Pass)

(7 votes short)

H.J. Res 268

July 17 , 1990

Annex A: Historical Summary Proposed Balanced Budget Amendments - Full House or Senate Floor Consideration

Sources: www.congress.gov and CRS Report R41907 (www.crsreports.congress.gov)

A-1

Congress

Session

Proposed Amendment Concept

Senate Vote

House Vote

Annex A: Historical Summary Proposed Balanced Budget Amendments - Full House or Senate Floor Consideration

Sources: www.congress.gov and CRS Report R41907 (www.crsreports.congress.gov)

102nd Congress

(1991-1992)

Prohibits total outlays for any fiscal year (except those derived from borrowing) from exceeding total receipts (except those for repayment of debt principal) unless the Congress,
by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts.

Requires a three-fifths roll call vote of each House to increase the public debt.

Directs the President to submit a balanced budget to the Congress.

Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law.

Waives these provisions when a declaration of war is in effect. Waives these provisions when the United States is engaged in military conflict which causes an imminent and
serious military threat to national security and is so declared by a joint resolution adopted by a majority of the whole number of each House, which becomes law.

Directs the Congress to enforce and implement this article by appropriate legislation which may rely on estimates of outlays and receipts.

Makes this article effective beginning with FY 1998 or with the second fiscal year after its ratification, whichever is later.

N/A, did have

discussion of a

different version.

Did not make it to a

full Senate Floor

vote.

280-153 (64.6%)

(Not Pass)

(9-votes short)

H.J. Res 290

June 11, 1992

103rd Congress

(1993-1994)

S.J. Res 21

: Prohibits in any fiscal year total Federal outlays from exceeding total receipts, unless a three-fifths roll call vote of both Houses of Congress authorizes a specific

excess.

Prohibits any increases in the public debt unless a three-fifths roll call vote of both Houses enacts legislation permitting otherwise.

Directs the President to submit a balanced budget to the Congress.

Permits any revenue-increasing bill to become law only if approved by a majority of the whole number of each House by roll call vote.

Waives these provisions when a declaration of war is in effect.

H.J. Res 103

: Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal

year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts.

Requires a three-fifths roll call vote of each House to increase the public debt.

Directs the President to submit a balanced budget to the Congress.

Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law.

Waives these provisions when a declaration of war is in effect. Waives these provisions when the United States is engaged in a military conflict which poses a threat to national
security as declared by a joint resolution adopted by a majority of each House.

Makes this amendment effective beginning with FY 2001 or the second fiscal year after its ratification, whichever is later.

63-37 (Not Pass)

(3-votes short)

S.J. Res 41

March 1, 1994

271-153 (63.9%)

(Not Pass)

(12-votes short)

H.J. Res 103

March 17, 1994

A-2

Congress

Session

Proposed Amendment Concept

Senate Vote

House Vote

Annex A: Historical Summary Proposed Balanced Budget Amendments - Full House or Senate Floor Consideration

Sources: www.congress.gov and CRS Report R41907 (www.crsreports.congress.gov)

104th Congress

(1995-1996)

Prohibits total outlays from exceeding total receipts for a fiscal year, unless three-fifths of the members of each House of Congress provide by law for a specific excess of outlays
over receipts by a roll call vote.

Sets a permanent limit on the amount of the public debt. Prohibits an increase in such amount unless approved by a three-fifths majority in each House by roll call vote.

Directs the President to submit a balanced budget.

Prohibits a bill to increase revenue from becoming law unless approved by a majority in each House by roll call vote.

Waives the provisions of this amendment for any fiscal year in which a declaration of war is in effect, or if the United States faces an imminent and serious military threat to national
security as declared by a joint resolution which becomes law.

1st Vote: 65-35

(Not Pass)

(2-votes short)

March 2, 1995

H.R. Res 1

2nd Vote: 64-35

(Not Pass)

(2-votes short)

June 6, 1996

H.J. Res 1

300-132 (69.4%)

(Passed)

January 26, 1995

H.J. Res 1

105th Congress

(1997-1998)

Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the
Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts.

Requires a three-fifths roll call vote of each House to increase the public debt.

Directs the President to submit a balanced budget to the Congress.

Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law.

Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to
national security as declared by a joint resolution adopted by a majority of each House.

Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.

66-34 (Not Pass)

(1-vote short)

March 4, 1997

S.J. Res 1

N/A

112th Congress

(2011-2012)

H.J. Res 2

: Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing)

unless Congress, by a three-fifths rollcall vote of each chamber, authorizes a specific excess of outlays over receipts.

Requires a three-fifths rollcall vote of each chamber to increase the public debt limit.

Directs the President to submit a balanced budget to Congress annually.

Prohibits any bill to increase revenue from becoming law unless approved by a majority of each chamber by rollcall vote.

Authorizes waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict.

N/A

261-165 (61.2%)

(Not Pass)

November 18, 2011

H.J. Res 2

A-3

Congress

Session

Proposed Amendment Concept

Senate Vote

House Vote

Annex A: Historical Summary Proposed Balanced Budget Amendments - Full House or Senate Floor Consideration

Sources: www.congress.gov and CRS Report R41907 (www.crsreports.congress.gov)

112th Congress

(2011-2012)

S.J. Res 24 Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing)
unless Congress, by a three-fifths roll call vote of each chamber, authorizes a specific excess of outlays over receipts.

Excludes receipts (including attributable interest) and outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or either
of their successor funds, from consideration as receipts or outlays for purposes of this Amendment.

Directs the President to submit a balanced budget to Congress annually.

Authorizes waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict.

Prohibits Congress from passing any bill that provides a net reduction in individual income taxes for those with incomes over $1 million (as may be adjusted by Congress to
account for inflation) if, after enactment, total outlays would exceed total receipts in any fiscal year affected by the bill.

Prohibits a federal or state court from ordering any reduction in the Social Security benefits authorized by law, including any benefits provided from the Federal Old-Age and
Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, or either of their successor funds.

21-70 (Not Pass)

December 14, 2011

S.J. Res 24

N/A

112th Congress

(2011-2012)

S.J. Res 10: Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing)
unless Congress, by a two-thirds roll call vote of each chamber, authorizes a specific excess of outlays over receipts.

Prohibits total outlays for any fiscal year from exceeding 18% of the gross domestic product (GDP) for the preceding calendar year unless Congress, by a two-thirds roll call vote of
each chamber, authorizes a specific excess over such 18%.

Directs the President to submit a balanced budget to Congress annually.

Prohibits any bill from becoming law that imposes a new tax or increases the statutory rate of any tax or the aggregate amount of revenue, unless approved by a two-thirds roll call
vote of each chamber.

Requires a three-fifths roll call vote of each chamber to increase the federal debt limit.

Authorizes waivers of these requirements: (1) when a declaration of war is in effect against a nation-state and Congress, by a majority roll call vote of each chamber, authorizes a
specific excess; or (2) under other specified circumstances involving military conflict, if Congress, by a three-fifths roll call vote of each chamber, authorizes such waiver.

Prohibits a federal or state court from ordering any increase in revenue to enforce this article.

47-53 (Not Pass)

December 14, 2011

S.J. Res 10

N/A

115th Congress

(2017-2018)

H.J. Res 2:

This joint resolution proposes a constitutional amendment prohibiting total outlays for a fiscal year from exceeding total receipts for that fiscal year unless Congress

authorizes the excess by a three-fifths roll call vote of each chamber. The prohibition excludes outlays for repayment of debt principal and receipts derived from borrowing.

The amendment requires a three-fifths roll call vote of each chamber of Congress to increase the public debt limit. It requires a majority roll vote of each chamber to increase
revenue. It also requires the President to submit a balanced budget to Congress annually.

Congress is authorized to waive these requirements when a declaration of war is in effect or if the United States is engaged in a military conflict which causes an imminent and
serious military threat to national security.

N/A

233-184 (55.8%)

(Not Pass)

January 3, 2017

H.J. Res 2

A-4

$0

$5,000

$10,000

$15,000

$20,000

$25,000

$30,000

$35,000

$40,000

$45,000

$50,000

1940

1942

1944

1946

1948

1950

1952

1954

1956

1958

1960

1962

1964

1966

1968

1970

1972

1974

1976

1978

1980

1982

1984

1986

1988

1990

1992

1994

1996

1998

2000

2002

2004

2006

2008

2010

2012

2014

2016

2018

2020

2022

20

24

E

20

26

E

20

28

E

B

ill

ion

s

of

D

ol

lars

($)

FISCAL YEAR

Annex B: Historical Gross Domestic Product (GDP) and Total Federal Debt (page B-1)

(Source: www.govinfo.gov/app/collection/budget/ - Historical Table 7.1)

Gross Domestic Product (GDP)

Total Federal Debt

0.00

0.20

0.40

0.60

0.80

1.00

1.20

1.40

19

40

19

42

19

44

19

46

19

48

19

50

19

52

19

54

19

56

19

58

19

60

19

62

19

64

19

66

19

68

19

70

19

72

19

74

19

76

19

79

19

81

19

83

19

85

19

87

198

9

199

1

199

3

19

95

19

97

19

99

20

01

20

03

20

05

20

07

20

09

20

11

20

13

20

15

20

17

20

19

20

21

20

23

20

25

E

20

27

E

20

29

E

FISCAL YEAR

Annex B: Federal Debt to Gross Domestic Product (GDP) Ratio (a.k.a. Real Debt) (page B-2)

(Source: www.govinfo.gov/app/collection/budget/ - Historical Table 7.1)

World War II

President's Budget Estimate

0.0

5.0

10.0

15.0

20.0

25.0

30.0

35.0

40.0

45.0

1

9

4

0

19

42

19

44

19

46

19

48

19

50

19

52

19

54

19

56

1

9

5

8

19

60

19

62

19

64

19

66

19

68

19

70

19

72

19

74

19

76

19

77

19

79

19

81

1

9

8

3

19

85

19

87

19

89

19

91

19

93

19

95

19

97

19

99

2

0

0

1

20

03

20

05

20

07

20

09

20

11

20

13

20

15

20

17

20

19

20

21

20

23

20

25

E

20

27

E

20

29

E

P

er

ce

n

tage

o

f G

ro

ss

Do

mest

ic

P

ro

d

u

ct

(G

DP

)

FISCAL YEAR

Annex B: Historical Federal Budget Receipts and Outlays as % of GDP (page B-3)

(Source: www.govinfo.gov/app/collection/budget/ - Historical Table 1.3)

Receipts

Outlays

$0

$200,000

$400,000

$600,000

$800,000

$1,000,000

$1,200,000

$1,400,000

$1,600,000

$1,800,000

$2,000,000

19

36

19

38

19

40

19

42

19

44

19

46

19

48

19

50

19

52

19

54

19

56

19

58

19

60

19

62

19

64

19

66

19

68

19

70

19

72

19

74

19

76

19

77

19

79

19

81

19

83

19

85

19

87

19

89

19

91

19

93

19

95

19

97

19

99

20

01

20

03

20

05

20

07

20

09

20

11

20

13

20

15

20

17

20

19

20

21

20

23

20

25

E

20

27

E

20

29

E

M

ill

ion

s of

D

ollar

s ($

)

FISCAL YEAR

Annex B: Old-Age and Survivors Insurance (OASI) Fund - Cash Income and Cash Outgo (page B-4)

(a.k.a. Social Security) (Source: www.govinfo.gov/app/collection/budget/ - Historical Table 13.1)

Total cash income

Total cash outgo

Surplus Years: 1984-2017

Future Pattern is

not sustainable

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%

45.0%

50.0%

19

62

19

64

19

66

19

68

19

70

19

72

19

74

19

76

19

78

19

80

19

82

19

84

19

86

19

88

19

90

19

92

19

94

19

96

19

98

20

00

20

02

20

04

20

06

20

08

20

10

20

12

20

14

20

16

20

18

20

20

20

22

20

24

E

20

26

E

2

0

2

8

E

Percent

ag

e

of Federa

l B

udg

et

E

xpen

dit

ures

FISCAL YEAR

(Annex B: Historical Federal Budget Expenditures by Key Departments (page B-5)

(Source: www.govinfo.gov/app/collection/budget/ - Historical Table 4.1)

Agriculture

Defense

Health and Human Services

Treasury

Veterans Affairs

Social Security Administration (Off-Budget)

Social Security Administration (On-Budget)

7 of 32 Federal Departments / Categories make up

approximately 90% of the overall Federal Budget Expenditures

Presidential Budget

Estimate

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Created:	2025-03-14 23:47 GMT
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Published:	2025-03-14 23:47 GMT
Converted:	2025-11-11 12:35 GMT
Change Author:	Vivian Garcia
Credit Author:	Mike Forbis