SENATE CONCURRENT RESOLUTION No. 149
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED MARCH 10, 2011
A Concurrent Resolution applying to the Congress for the calling of a convention for the sole
purpose of proposing an amendment to the Constitution of the United States requiring a balanced federal
budget.
Whereas, Fiscal discipline and economic integrity
have been core principles of American governance; and
Whereas, The American people have historically
demanded the same prudent, responsible, and intellectually honest financial
behavior from their elected representatives as ultimately compels individual
behavior; and
Whereas, It is the firm conviction of the people
of New Jersey that it is wrong to fund the prosperity of the present generation
by robbing future Americans of their own; and
Whereas, Mortgaging the birthright of our children
and grandchildren is a dangerous departure from traditional American values
that threatens to permanently undermine the strength of our nation; and
Whereas, Our national debt is increasingly owed to
the governments of foreign nations, not to the citizens of the United States,
thus transferring our wealth to others and making it unavailable to supply the
means for America's future growth and prosperity; and
Whereas, This generation will bequeath to its
children one of the world's most indebted industrial democracies; and
Whereas, High federal deficits cause increasingly
high payments for debt interest, make future borrowing more costly, reduce
investment activity, and thus reduce the size of the future economy; and
Whereas, The federal government has for too long
relied on revenue increases and borrowing against our future rather than on
prudent spending decisions within the limit of current revenues; and
Whereas, Lasting control of this nation's budget
deficit can be achieved only by addressing the spending habits of our federal
government, not by increasing the tax burden under which our citizens already
labor; and
Whereas, Article V of the Constitution of the
United States makes provision for amending the Constitution on the application
of two-thirds of the several states, calling a convention for proposing
amendments that shall be valid to all intents and purposes if ratified by the
legislatures of three-fourths of the several states, or by conventions in
three-fourths thereof, as the one or the other mode of ratification may be
proposed by Congress; now, therefore,
Be It
Resolved by the Senate of the State of New Jersey (the General
Assembly concurring):
1. The Legislature of the State of
New Jersey makes application to the Congress of the United States, pursuant to
Article V of the Constitution of the United States, to call an Article V
amendment convention for the sole, specific and exclusive purpose of proposing
an amendment to the Constitution of the United States to achieve and maintain a
balanced federal budget.
2. An amendment to the
Constitution of the United States to be proposed by
a convention for submission to the states for ratification shall:
a. Require that
federal outlays for a budget period not exceed the receipts for the same period
of time;
b. Impose spending limits on the federal
government by setting a
base budget year and allowing spending to
increase only on account of
economic or demographic criteria
established in the amendment;
c. Prohibit imposition of new
taxes or an increase in existing taxes or existing tax rates;
d. Impose future debt or borrowing
limits;
e. Allow for provisions of the
amendment to take effect upon ratification or no more than four years
thereafter;
f. Allow Congress to enforce and
implement the provisions of the amendment by appropriate legislation, and to
authorize competent estimates of revenues, outlays, and economic or demographic
criteria;
g. Allow flexibility in
permitting federal balanced-budget requirements to be waived in any fiscal year
in which a declaration of war is in effect, or any fiscal year in which 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 duly chosen and sworn members of each
House of Congress, which becomes law; and
h. Consider a prohibition against
federal mandates on states to impose taxes or fees, or any other requirement,
unless all costs of compliance are fully and contemporaneously funded.
i. Set extraordinary vote
requirements of at least two-thirds for deviations from the limits listed in
this section if adopted;
3. If Congress adopts, before 90
days after the legislatures of two-thirds of the states have made application
for a convention as described in section 1 of this resolution, an amendment to
the Constitution of the United Stated containing provisions similar in subject
matter to that contained in section 2 of this resolution, then this application
for a convention shall no longer be of any force or effect.
4. With the exception noted in
section 3, the application contained in section 1 constitutes a continuing
application in accordance with Article V of the Constitution of the United
States until at least two-thirds of the legislatures of the several states have
made application for a convention to propose an amendment similar in subject
matter to that contained in section 2 of this resolution.
5. This application for a limited
constitutional convention shall be automatically rescinded if the Supreme Court
of the United Stated holds that the Congress of the United States cannot call a
constitutional convention limited solely and exclusively to the subject
requested by two-thirds of the several states.
6. This application shall be
deemed null and void, rescinded, and of no effect in the event that a
convention called pursuant to this resolution is not limited to the specific
and exclusive purpose set forth in sections 1 and 2 of this resolution.
7. Duly authenticated copies of
this resolution, signed by the Speaker of the General Assembly and the
President of the Senate and attested by the Clerk of the General Assembly and
the Secretary of the Senate, shall be transmitted to the President of the
United States Senate, the Speaker of the House of Representatives, each member
of Congress elected thereto from New Jersey and the presiding officer of each
house of each state legislature in the United States.
STATEMENT
This resolution is intended
to serve as an application to the United States Congress, pursuant to Article V
of the Constitution of the United States, for the calling a convention for the
sole purpose of proposing an amendment to the Constitution requiring a balanced
federal budget. Such an amendment is necessary to restore fiscal discipline
and economic integrity to our national governance.
Specifically, this resolution
urges the Congress to consider a Constitutional balanced budget amendment which:
1) Requires that federal outlays for a budget period not exceed the receipts
for the same period of time; 2) Imposes spending limits on the federal
government by setting a base budget year and allowing spending to increase only
on account of economic or demographic criteria established in the amendment; 3)
Prohibits imposition of new taxes or an increase in existing taxes or existing tax
rates; 4) Imposes future debt or borrowing limits; 5) Sets extraordinary vote
requirements of at least two-thirds for deviations from the limits; 6) Allows
for provisions of the amendment to take effect upon ratification or no more
than four years thereafter; 7) Allows Congress to enforce and implement the provisions
of the amendment by appropriate legislation, and to authorize competent
estimates of revenues, outlays, and economic or demographic criteria; 8) Allows
flexibility in permitting federal balanced-budget requirements to be waived in
any fiscal year in which a declaration of war is in effect, or any fiscal year
in which 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 duly chosen and sworn members
of each House of Congress, which becomes law; and 9) Considers a prohibition
against federal mandates on states to impose taxes or fees, or any other
requirement, unless all costs of compliance are fully and contemporaneously
funded.
Article V of the United States
Constitution provides that on the application of the Legislatures of two-thirds
of the States, Congress shall call a convention for proposing amendments to the
Constitution which will become valid when ratified by the Legislatures of
three-fourths of the states or by conventions of three-fourths of the states.