CrosswordNewsletters
DAILY BEAST
ALL
  • Cheat Sheet
  • Politics
  • Crime
  • Entertainment
  • Media
  • Innovation
  • Opinion
  • World
  • U.S. News
  • Scouted
  • Travel
CHEAT SHEET
    POLITICS
    • Biden World
    • Elections
    • Opinion
    • National Security
    • Congress
    • Pay Dirt
    • The New Abnormal
    • Right Richter
    • Trumpland
    MEDIA
    • Daytime Talk
    • Late-Night
    • Fox News
    U.S. NEWS
    • Identities
    • Crime
    • Race
    • LGBT
    • Extremism
    • Coronavirus
    WORLD
    • Russia
    • Europe
    • China
    • Middle East
    SCIENCE
    • Hunt for the Cure
    • Rabbit Hole
    TRAVEL
      ENTERTAINMENT
      • TV
      • Movies
      • Music
      • Comedy
      • Sports
      • Sex
      • TDBs Obsessed
      • Awards Shows
      • The Last Laugh
      HALF-FULL
        CULTURE
        • Power Trip
        • Fashion
        • Books
        • Royalist
        TECH
        • Disinformation
        SCOUTED
        • Face Masks
        • Clothing
        • Technology
        • Bedroom
        • Kitchen
        • Home
        • Fitness
        • The Case For
        • I'm Looking For
        • New Kids On the Block
        COUPONS
        • Adidas Promo Codes
        • DoorDash Promo Codes
        • H&M Coupons
        • Hotwire Promo Codes
        • Wine.com Discounts
        • Vitacost Coupons
        • Spanx Promo Codes
        • StubHub Promo Codes
        Products
        NewslettersPodcastsCrosswordsSubscription
        FOLLOW US
        GOT A TIP?

        SEARCH

        HOMEPAGE

        No to a Balanced Budget Amendment

        Dumb Amendments

        Justin Green

        Updated Apr. 21, 2017 12:04PM ET / Published Feb. 14, 2013 2:30PM ET 

        My feelings on a proposed Balanced Budget Amendment are quite well known. Still, it's very exciting to see National Review's editors share my concerns. Heed their words, Republicans (and conservatives!):

        Passage of a BBA is not just implausible; it also would be unwise. Like the doomed 18th Amendment, it would enshrine partisan policy priorities in the founding document of the republic, which was meant to structure the democratic process, not rig its outcome in advance.

        It would invite a hyperactive judicial intervention in the budget-making process that would throw the separation of powers completely out of balance. Previous BBA proposals explicitly banned courts from raising taxes to balance the budget but did not otherwise limit judicial enforcement. This means the judiciary might well attempt to set specific levels for every category of spending or otherwise shape budget priorities in an effort to enforce the Constitution. Such a perversion of republican government would raise the stakes of inter-branch hostility and distrust to unprecedented levels.

        And Congress would have strong incentives to evade the spirit of such a law. If you think the official scoring of budget proposals is torturously politicized now, wait until constitutionality is at stake. Be prepared for a radical reimagining of just what phrases such as “gross domestic product” and “taxes” mean. And though the amendment includes provisions for exception — waiving spending limits in the case of a declared war, for instance — they are all but certain to prove unequal to reality and subject to abuse (think wars of fiscal choice).

        READ THIS LIST

        DAILY BEAST
        • Podcasts
        • Cheat Sheet
        • Politics
        • Crime
        • Entertainment
        • Media
        • Covid-19
        • Half Full
        • U.S. News
        • Scouted
        • Travel
        • Subscription
        • Crossword
        • Newsletters
        • Podcasts
        • About
        • Contact
        • Tips
        • Jobs
        • Advertise
        • Help
        • Privacy
        • Code of Ethics & Standards
        • Diversity
        • Terms & Conditions
        • Copyright & Trademark
        • Sitemap
        • Coupons
        © 2022 The Daily Beast Company LLC