How to restore federal fiscal sanity: The state legislatures hold the key
The American people want a Balanced Budget Amendment (BBA). National polls consistently show that more than two-thirds of the American people want to amend the U.S. Constitution to require a balanced federal budget. This powerful and growing support, in spite of a multi-million-dollar campaign of fear and distortion by opponents of the BBA, is impressive.
The federal government’s spending and debt are out of control. We no longer have a debt problem: we have a national debt addiction. Soaring federal debt causes or worsens many problems inflation, unemployment, high real interest rates, an unstable economy, stressed families, etc. that put burdens on state governments and budgets. Congress and the President could balance the budget by statute if they had enough willpower, but they don’t.
The U.S. Constitution provides only one way to compel a reluctant Congress to act on a Constitutional Amendment that the people and the State Legislatures want. That one way is for 34 states to adopt a resolution asking Congress either to propose a specific amendment or to call a limited constitutional convention to propose only this one amendment.
If two-thirds of the states request a convention under Article V of the Constitution, Congress must call the convention. Congress must also provide for the election of delegates, the time and place of the convention, etc. In the same legislation, Congress can limit the convention to only one subject. Congress undoubtedly would do so. Congress has no desire for an unlimited convention that might, for example, propose term limits or a limit on congressional pay. Congress will be under heavy public and political pressure to limit the convention as specified in the states’ resolution calling for the convention.
A constitutional convention, like Congress, can only propose an amendment, which must then be ratified by 38 states. Assume the worst: a wide-open, irresponsible convention that defies its limited authority and proposes dangerous amendments, and both Congress and the Supreme Court somehow fail to use their power to stop these illegal amendments. Even this imaginary situation would not endanger our Constitution because of the ratification requirement. Each amendment would die if only 13 states did not ratify it.
Our State Legislatures hold the key to federal fiscal sanity. State resolutions calling for a Balanced Budget Constitutional Amendment and, if necessary, a limited convention to propose it, are essential to stopping runaway spending, deficits, and debt.
The views expressed in this column are those of the author and not necessarily those of the Public Interest Institute. They are brought to you in the interest of a better informed citizenry.
The late David M. Stanley was formerly the Chairman of National Taxpayers Union, Iowans for Tax Relief, and Public Interest Institute until his death on August 26, 2015.





