The Spectacle Blog
I’m troubled by the latest developments in the debt ceiling negotiations.
There’s one point that you must keep in mind for a “Clean Balanced Budget Amendment.” There are actually two types. One is a BBA requiring that outlays cannot exceed revenues. However, if that’s all it says, then it leaves courts with the power to order tax increases to raise taxes by judicial fiat. So at minimum, if the conservative groups supporting it want to be consistent, they still must insist on retaining the section in the current Senate BBA providing that no federal or state court has the power to order revenue increases. Otherwise there would be no political pressure to stop someone from voting to raise taxes to hold down spending, because if legislative efforts go into gridlock or stalemate (like they are this week) then life-tenured judges would intervene to order tax hikes. This would give members who wanted higher taxes but lacked the courage to vote for it to just oppose spending cuts, and then let the courts do their dirty work for them.
The power of the purse is central to Congress’ role in our governmental system. The idea is that the people’s representatives are the only ones who make decisions about raising taxes. So a “Clean BBA” would be even worse than the status quo if it were lacked such a block on judicial power, thereby giving courts the power to raise taxes, a power that the courts currently lack.
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http://spectator.org/blog/2011/07/29/dangers-of-a-clean-bba
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Shamus| 7.29.11 @ 5:41PM
This danger is pretty remote. Chances of getting an amendment through Congress and ratified by the states can't be better than one in fifty.
Conservative Bob| 7.29.11 @ 5:55PM
Another fix to this would be change the BBA to setting spending at a fix percentage of GDP with GPD calculated on a 3 year rolling average.
Any bill that says balanced is Spending equals revenues is setting up for lots of tax hikes... fixing spending to a % of GDP would hold Government to a fixed share of a growing economy. I would like to see it set near 16-17% or less.
The sole exception would be a war declared by congress.
In addition we need to see much more transparent accounting something much closer to GAAP than current with proper accounting of things like Medicare and Medicaid and SS.
Art Kelly| 7.29.11 @ 5:58PM
OK, language should be added to a balanced budget amendment to prevent judicial interference . However, a balanced budget proposal should NOT contain a requiement for a 2/3rd vote to increase taxes! There is no way such an amendment could EVER get 292 votes in the House and 67 votes in the Senate. Thus, a proposed amendment with this EXTRA provision would NEVER pass! We should stay focused on the narrow goal to prevent deficit spending by the federal government (except under extraordinary cirmcumstances)!
C Bowen| 7.29.11 @ 6:31PM
Good post, Mr. Blackwell.
Though to help you put it more plainly, any decent person would prefer an unbalanced $2 billion budget, then a balanced $4 billion budget.
While We Are Still Free| 7.29.11 @ 8:14PM
This is yet another example of THE LAW OF UNINTENDED CONSEQUENCES!
Far too many people have failed to learn that, when it comes to polititians, they need to PAY MORE ATTENTION TO WHAT THEY ACTUALLY DO, AND NOT WHAT THEY SAY!
POLITICS: Poly means many, and Ticks are filthy blood sucking parasites!
Margie| 7.29.11 @ 11:13PM
We are in need of some more fresh freshmen. And women!
Vlady| 7.30.11 @ 10:29AM
We need more CATHOLICKS!
Clint| 7.30.11 @ 7:28AM
There's No 'We" RINO-CINO Margie.
axbucxdu| 7.30.11 @ 11:42AM
Mr Blackwell, sir, forget the amendment nonsense. How about passing an act of Congress that simply outlaws the Federal Reserve? It puts the Federal Government back on a constitutional footing with the taxpayer.
Sure, they could spend, but if they did so they'd either have to increase taxes, or if they borrowed, they'd have to find a bank that would lend them the shortfall. Just like US, the taxpaying citizens of this republic.
No more imaginary money, I mean "legal tender", injections for Sammy Swindle's habit.
yisong| 10.28.11 @ 9:09PM
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