Proposing an amendment to the Constitution of the United States requiring a balanced budget for the Federal Government.

Bill Number

H.J.Res. 139

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Economics and Public Finance

Status

Failed House

Latest Action

2026-03-18: On motion to suspend the rules and pass the resolution Failed by the Yeas and Nays: (2/3 required): 211 - 207 (Roll no. 95).

Last Updated

2026-06-11T23:26:43Z

AI-Generated Summary

Purpose

This joint resolution (H.J. Res. 139) proposes a constitutional amendment to enforce a balanced federal budget, limiting government spending to match revenues (adjusted for population growth and inflation) and requiring supermajority votes for exceptions or tax increases. The goal is to promote fiscal responsibility by preventing excessive deficits and debt accumulation.

Key Provisions

• Spending Limit (Section 1): Annual total expenditures cannot exceed the average annual revenues (receipts) from the previous three years, adjusted proportionally for changes in U.S. population and inflation. Expenditures exclude debt payments, and revenues exclude funds from borrowing.
• Exceptions for Excess Spending (Section 2): Congress can approve specific spending above the limit through a law passed by a two-thirds roll-call vote in both the House and Senate.
• War-Time Exception (Section 3): During a declared war, Congress can approve excess spending by a roll-call vote (implying a simple majority, as it does not specify two-thirds).
• Tax Increases (Section 4): Any new tax or increase in an existing tax rate requires approval by a two-thirds roll-call vote in both houses of Congress.
• Enforcement (Section 5): Congress must pass appropriate laws to implement and enforce the amendment.
• Effective Date (Section 6): The amendment takes effect in the fifth fiscal year after ratification by three-fourths of state legislatures.

Significant Changes to Existing Law

• Introduces a constitutional mandate for balanced budgets, which does not currently exist; the U.S. Constitution has no explicit spending or revenue limits beyond general fiscal powers granted to Congress.
• Imposes supermajority (two-thirds) requirements for overriding spending limits and raising taxes, raising the threshold from the current simple majority (over 50%) for most legislation.
• Excludes debt payments and borrowing from calculations, shifting focus to operational spending while allowing continued debt issuance under existing rules.

Potential Impacts

• On Government Agencies: Federal agencies may face budget cuts or restrictions on new programs to stay within limits, potentially reducing funding for services like defense, social programs, or infrastructure unless exceptions are invoked.
• On Citizens: Could lead to lower taxes over time due to spending constraints but might limit government benefits, emergency responses, or investments in public goods; inflation and population adjustments aim to maintain purchasing power and equity.
• On International Relations: May enhance U.S. creditworthiness by signaling fiscal discipline, potentially lowering borrowing costs, but could constrain foreign aid, military spending, or economic stimulus during global crises, affecting alliances or trade.

Main Stakeholders Affected

• Congress and Federal Government: Directly responsible for compliance, enforcement, and deciding exceptions; shifts power dynamics toward fiscal conservatives.
• State Governments: Must ratify the amendment (requiring 38 states) and could influence federal spending priorities that affect state funding.
• Taxpayers and Citizens: Bear the impact of potential service reductions or tax policy changes; benefits those concerned with national debt.
• Economy and Businesses: Affected by limits on government spending and taxation, potentially stabilizing long-term growth but risking short-term economic slowdowns.

Notable Legal, Constitutional, or Political Implications

• Constitutional: Alters Article I's broad congressional powers over spending and taxation by embedding enforceable fiscal rules directly in the Constitution, making them harder to change without another amendment.
• Legal: Requires new laws for enforcement, which could lead to court challenges over interpretations (e.g., what counts as "specific expenditures" or "inflation"); supermajority rules may increase gridlock on budget matters.
• Political: Likely to spark debates on priorities like defense versus social spending; could empower minority parties to block tax hikes or overrides, influencing elections and policy-making in a divided government. Ratification process itself may highlight partisan divides on fiscal policy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Biggs, Andy [R-AZ-5]

Cosponsors (2)

Rep. Clyde, Andrew S. [R-GA-9], Rep. Brecheen, Josh [R-OK-2]

Recent Actions

• 2026-03-18: On motion to suspend the rules and pass the resolution Failed by the Yeas and Nays: (2/3 required): 211 - 207 (Roll no. 95). (Roll call 95)
• 2026-03-18: Failed of passage/not agreed to in House On motion to suspend the rules and pass the resolution Failed by the Yeas and Nays: (2/3 required): 211 - 207 (Roll no. 95). (Roll call 95)
• 2026-03-18: Considered as unfinished business. (consideration: CR H2583-2584)
• 2026-03-18: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
• 2026-03-18: DEBATE - Pursuant to the provisions of H. Res. 1115, the House proceeded with one hour of debate on H.J. Res. 139
• 2026-03-18: Considered under suspension of the rules. (consideration: CR H2560-2568; text: CR H2560-2561)
• 2026-03-18: Mr. Biggs (AZ) moved to suspend the rules and pass the resolution.
• 2026-02-25: Placed on the House Calendar, Calendar No. 63.
• 2026-02-25: Reported by the Committee on Judiciary. H. Rept. 119-520.
• 2026-02-25: Reported by the Committee on Judiciary. H. Rept. 119-520.
• 2026-02-03: Ordered to be Reported by the Yeas and Nays: 16 - 10.
• 2026-02-03: Committee Consideration and Mark-up Session Held
• 2026-01-09: Referred to the House Committee on the Judiciary.
• 2026-01-09: Introduced in House
• 2026-01-09: Introduced in House

Bill Versions

• Proposing an amendment to the Constitution of the United States requiring a balanced budget for the Federal Government. — issued 2026-01-09 — PDF (2 pages)
• Proposing an amendment to the Constitution of the United States requiring a balanced budget for the Federal Government. — issued 2026-02-25 — PDF (4 pages)