IA 

113TH CONGRESS 

1ST SESSION H. J. RES. 5 

Proposing an amendment to the Constitution of the United States relative 

to balancing the budget. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2013 

Mr. BUCHANAN introduced 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 relative to balancing the budget. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 

8 States within seven years after the date of its submission 

9 for ratification: 


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1 ‘‘ARTICLE— 

2 ‘‘SECTION 1. Total outlays for any fiscal year shall 

3 not exceed total receipts for that fiscal year, unless two4 thirds of the duly chosen and sworn Members of each 

5 House of Congress shall provide by law for a specific ex6 cess of outlays over receipts by a roll call vote. 

7 ‘‘SECTION 2. Total outlays for any fiscal year shall 

8 not exceed 18 percent of the gross domestic product of 

9 the United States for the calendar year ending before the 

10 beginning of such fiscal year, unless two-thirds of the duly 

11 chosen and sworn Members of each House of Congress 

12 shall provide by law for a specific amount in excess of such 

13 18 percent by a roll call vote. 

14 ‘‘SECTION 3. Prior to each fiscal year, the President 

15 shall transmit to the Congress a proposed budget for the 

16 United States Government for that fiscal year in which— 

17 ‘‘(1) total outlays do not exceed total receipts; 

18 and 

19 ‘‘(2) total outlays do not exceed 18 percent of 

20 the gross domestic product of the United States for 

21 the calendar year ending before the beginning of 

22 such fiscal year. 

23 ‘‘SECTION 4. Any bill that imposes a new tax or in24 creases the statutory rate of any tax or the aggregate 

25 amount of revenue may pass only by a two-thirds majority 


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1 of the duly chosen and sworn Members of each House of 

2 Congress by a roll call vote. For the purpose of deter3 mining any increase in revenue under this section, there 

4 shall be excluded any increase resulting from the lowering 

5 of the statutory rate of any tax. 

6 ‘‘SECTION 5. The limit on the debt of the United 

7 States shall not be increased, unless three-fifths of the 

8 duly chosen and sworn Members of each House of Con9 gress shall provide for such an increase by a roll call vote. 

10 ‘‘SECTION 6. The Congress may waive the provisions 

11 of sections 1, 2, 3, and 5 of this article for any fiscal year 

12 in which a declaration of war against a nation-state is in 

13 effect and in which a majority of the duly chosen and 

14 sworn Members of each House of Congress shall provide 

15 for a specific excess by a roll call vote. 

16 ‘‘SECTION 7. The Congress may waive the provisions 

17 of sections 1, 2, 3, and 5 of this article in any fiscal year 

18 in which the United States is engaged in a military conflict 

19 that causes an imminent and serious military threat to 

20 national security and is so declared by three-fifths of the 

21 duly chosen and sworn Members of each House of Con22 gress by a roll call vote. Such suspension must identify 

23 and be limited to the specific excess of outlays for that 

24 fiscal year made necessary by the identified military con25 flict. 


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1 ‘‘SECTION 8. No court of the United States or of any 

2 State shall order any increase in revenue to enforce this 

3 article. 

4 ‘‘SECTION 9. Total receipts shall include all receipts 

5 of the United States Government except those derived 

6 from borrowing. Total outlays shall include all outlays of 

7 the United States Government except those for repayment 

8 of debt principal. 

9 ‘‘SECTION 10. The Congress shall have power to en10 force and implement this article by appropriate legislation, 

11 which may rely on estimates of outlays, receipts, and gross 

12 domestic product. 

13 ‘‘SECTION 11. This article shall take effect beginning 

14 with the fifth fiscal year beginning after its ratification.’’. 

Æ 


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