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By: Beldin in CONSTITUTION | Recommend this post (1)
Tue, 19 Jul 11 9:25 PM | 40 view(s)
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Msg. 13918 of 21975
(This msg. is a reply to 13917 by Beldin)

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GOP Balancing Act

A balanced budget amendment is the wrong debt solution.

The Wall Street Journal
July 19, 2011

http://online.wsj.com/article/SB10001424052702304521304576448091429014936.html?mod=WSJ_Opinion_LEADTop

Republicans this week plan to force votes in the House and Senate on a balanced budget amendment to the U.S. Constitution. The last time Congress voted on a BBA was in 1997. It failed. The first unsuccessful BBA was proposed in 1936. All efforts between now and then to vote a balanced budget amendment into the Constitution have failed. This one will as well, as there are sufficient Democratic votes in the Senate to block it.

What, then, is the point?

The point is that many Republicans—and we suspect silently more than a few Democrats—are frustrated and sickened at the spectacle of the nation's debt bursting past $14 trillion, with the prospect that the debt soon may reach 100% of GDP. They are upset as well that the Obama Presidency has pushed federal spending upward, from its historic postwar level around 20% of GDP to near 25% this year. Proponents of the BBA argue that only a spending limitation embedded in the Constitution can stop the U.S. fisc from going over the cliff.

These pages bear enough scars from the spending wars—against both political parties—to have won Milton Friedman spending-limitation citations many times over. But we have been writing since at least the 1995 vote on a balanced budget amendment that we do not believe this mechanism can achieve its desired result. Its effects may even prove perverse. We see no reason to change that view now.

The newest versions of the BBA include a strong provision requiring a two-thirds supermajority vote to increase taxes. That said, we doubt the historic 1981 Reagan tax cuts within the Kemp-Roth bill, once subjected to Congress's revenue-neutrality accountants, could have survived the balanced budget mandate. Even with deficits, the U.S. grew strongly for seven years, adding to GDP as much as the entire West German economy.

Nor is it clear that the amendment could avoid unintended consequences. In the current fight over spending and the debt, the GOP Congressional leadership has worked well to protect the defense budget from a President who constantly cites the need to cut it. But under a mandated need to balance spending, the inevitable horse-trading would likely default to cutting defense while ducking fights on domestic programs.

The Senate and House versions both contain waivers in times of military conflict, but these are fraught with problems. The supermajority requirement for taxes is waived if a "declaration of war" is in effect, or if a majority votes to support spending for a conflict "which causes an imminent and serious military threat" as described in a joint resolution of Congress. Sounds complicated. Would Ronald Reagan's spending that did so much to end the Cold War have survived these hurdles?

Tea party Republicans, to their credit, want to pass a BBA that would include the supermajority tax limitation. But it has no chance of passing, and absent that rule, political pressure could turn the amendment into a driver for the entitlement state as successive Democratic governments raised taxes, most likely with a European-style value-added tax to balance spending commitments.

The new Members who are intent on fiscal responsibility should visit with Congressional historians to discover a root cause of this modern spending catastrophe—the 1974 Congressional Budget and Impoundment Control Act, the most laughable title ever placed on a federal law.

Passed amid Richard Nixon's struggles over spending with Congress, the law eviscerated the President's ability to impound Congressional spending. The law itself was an act of rage against Nixon's impoundments. "Control" over spending tipped into the hands of Congress, as is clear from the upward path of federal spending post-1974. This was the start of the infamous "baseline" budgeting rules, which automatically ratchet up spending from one year to the next.

Rather than trying to scale the impossibly high cliff of a Constitutional amendment, younger Members should revisit that bad law and fix it. Tom DeLay never wanted to fix it, but Paul Ryan does. The goal of an achievable reform act would be to put spending on a downward slope. That would include getting rid of baseline budgeting, restoring the Presidential impoundment power (if liberal Congresses hated it, it must have been good), and requiring the two-thirds majority for tax increases.

The BBA's supporters are right that the U.S. is riding a runaway entitlement train. That train, however, is the product of politics, and politics is the way it will have to be stopped. The main political impact of the BBA, however, will be to give "moderate" Senate Democrats up for re-election next year a chance to enhance their prospects by voting "for" spending control they don't believe in.

We certainly support the House GOP's plan today to vote to cut spending by $111 billion in fiscal 2012, and to cap spending in future years at a gradually smaller share of the economy. They should make this plan their main political argument, and leave the Constitution out of it.




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The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. ~ D.H. Lawrence




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The above is a reply to the following message:
An interesting take on the proposed BBA ...
By: Beldin
in CONSTITUTION
Tue, 19 Jul 11 9:17 PM
Msg. 13917 of 21975

Against the Balanced-Budget Amendment

It probably wouldn’t work, and if it did, it would be even worse.

by Rich Lowry
National Review Online
July 19, 2011 12:00 A.M.

http://www.nationalreview.com/articles/272154/against-balanced-budget-amendment-rich-lowry

If Congress has trouble staying within constitutional bounds now, just wait until the Constitution mandates that it must balance the federal budget.

Republicans have made a late entry into the debt-ceiling debate with a push for adding such a requirement to the Constitution. The balanced-budget amendment is not only an implausible way out of the debt-ceiling dilemma — it’s unlikely to pass Congress with the necessary two-thirds vote to send it to the states — it risks doing the worst disservice to the Constitution since Prohibition.

The balanced-budget amendment came to prominence in the Contract With America back in the 1990s. It fell a vote short in the Senate and was soon forgotten — and deserved to be.

A simple balanced-budget amendment threatens Republican fiscal priorities; it would create even more pressure to raise taxes. A straightforward amendment recognizes no difference between balance at 24 percent of GDP and at 15 percent of GDP.

Realizing this, House Republicans have crafted a version that essentially mandates their favored fiscal policies. It requires that spending not exceed 18 percent of GDP and stipulates that only a two-thirds majority can raise taxes. Only modesty, presumably, prevented the amendment’s authors from spelling out budgetary levels for the Department of Health and Human Services.

The Constitution is meant to set out the basic rules of the road for American governance. It’s not an appropriate vehicle for enshrining transitory or controversial policy preferences. This is what the 18th Amendment establishing Prohibition did, and so ensured widespread defiance of the nation’s foundational law.

A balanced-budget amendment could befall the same fate at the hands of the fiscal bootleggers of Congress. Even House Republicans voted for a budget that doesn’t balance the federal books until roughly 2030. It’s easy to imagine Congress playing definitional games to evade the strictures of the amendment, inevitably inviting lawsuits.

That the amendment would precipitate legal action is acknowledged in the amendment’s own language: “No court of the United States or of any State shall order any increase in revenue to enforce this article.” Judicial interventions in budgetary matters are, by implication, acceptable so long as they bring spending cuts. Let’s hope the federal courts are packed with judges favoring Medicare reform.

The Republican amendment acknowledges there are circumstances when the budget shouldn’t necessarily be balanced. It allows for a waiver in fiscal years in which a declaration of war against a nation-state is in effect. As a plot to get Nancy Pelosi to declare war on Switzerland or another handy inoffensive country, this is brilliant. Otherwise, it’s wholly inadequate.

We haven’t declared war on anyone since World War II. The amendment’s exception wouldn’t have accounted for the Cold War or the War on Terror, neither of which entailed declarations of war on nation-states.

Another provision allows three-fifths of Congress to waive the amendment for expenditures related to a military conflict “that causes an imminent and serious threat to national security.” If you believe the Cold War or the War on Terror qualifies, this could have led to constant exceptions from 1947 to 1991, and from 2001 to perhaps the present.

The impulse behind the amendment is certainly laudable — to attack the debt problem at its root. But a strictly balanced budget is not important enough to be written into the Constitution. The difference between balance and a small deficit is meaningless in the long run; it certainly doesn’t rise to the level of protecting free speech or ending slavery. We ran budget deficits from 1970 to 1997, and the republic survived.

The current threat to the country is historic deficits driven by historic levels of spending. Favoring the balanced-budget amendment does nothing to address those problems in the here and now. Realistically, building the coalition necessary to pass the amendment as envisioned by Republicans would take years, by which time it will be gloriously irrelevant or altogether too late.


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