Amenders for Federal Spending Control; The Plan

[Patricia M. McBride]

I thought this was really interesting and well thought out.  I can see it making sense to do, but I would allow the current stucture of the state (be it the governor or the state legislature) set the amount for each of the states..............since they will not know where it would be spent and would have no say over how it would be spent, it might work.  What say you?

 

The "Separation of Powers" is the best tool for preventing power abuse by government. Our country suffers from Congress's abuse of spending authority. This abuse can be corrected by separating budget authority from spending authority.

A Constitutional Amendment is needed to separate Federal budgeting authority from Federal spending authority. The...se two powers must be separated and vested in two distinct and independent bodies.



The WHY:

Government spending in the United States is poised to surpass more than half of GDP. The Federal government leads the way, directly accounting for more than half of government spending. Congress has clearly proven it lacks the disciplines to limit government spending; disciplines that are required to sustain a liberal democracy. Resulting levels of spending and debt are unsustainable, and are a great threat to the general Welfare of the United States.

When drafting the Federal Constitution, the Founding Fathers wisely adopted the principles of Separation of Powers, and Checks and Balances, as a means to prevent the abuse of power. However, Congress was given considerable spending authority, including the power to make spending choices as well as the power to decide how much to spend. Given both powers, an undisciplined Congress avoids making difficult spending decisions to stay within a limited budget; instead increasing the budget at will to expand and finance new spending choices. This invites the abuse of spending authority from which the country now suffers. Alexis de Tocqueville recognized the flawed spending authority of Congress in "Democracy in America".

A correction to the flaw can only be realized by constitutional amendment establishing important Separation of Powers overlooked by the Founding Fathers. The power to decide the size of the Federal budget must be separate and distinct from the power to decide how to spend the budget. This forces those making spending decisions to abide by a limited budget; that budget limit independently determined.

Permitting Congress to retain the authority to make spending decisions, a separate institution is needed to decide the size of the Federal budget. This forces Congress to work within a limited budget. The new institution formed to set the size of the Federal budget, but with no authority to make spending decisions, is not motivated to increase the budget size to avoid spending decisions, as are members of Congress. Members of the new institution are seated either by election or appointment by the States. Or, the institution could be the states themselves. In the former case, Members do not benefit from spending favorable to constituents or special interest groups, but retain their seats depending on how well they satisfy expectations of disciplined growth in the Federal budget.



The WHAT:

Option A: A new elected body with the sole responsibility of setting the Federal government's annual spending authority. Members are elected from the States. Sitting members of the Federal House, Senate, Federal Judiciary, Executive branch, or any other serving member of the Federal government, or employee of the Federal government are ineligible. The body will meet once a year to determine the spending authority for the following three fiscal years. The body may be called into special session (by two-thirds of House and/or Senate?) in the case of war or fiscal emergency to consider increasing the budget authority of the present fiscal year.

Option B: Reapportionment of powers of the House and Senate. The Senate to set the Federal government's annual spending authority and denied any role or responsibility in deciding how the funds are spent. The House to decide how the funds are spent.

Option C: The power to set the Federal government's annual spending authority assigned to the States. Each year, the States to ratify the Federal government's annual spending authority for the following three years.

(Amendment language to be added)


The HOW:

ARTICLE V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when 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 the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

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