The amendment is silent. All it says is ``this will happen.'' ``This must happen.'' When this must happen in our system of government, if it doesn't, or if someone thinks it's not going to, they go to court and they ask for a court order to make sure it happens. The court either will--there are two possibilities and only two. One, the court will say, Here's how we'll make an order. We'll raise this tax, we'll lower that expenditure; or the court will say, in which case you have unelected judges making those decisions--and this amendment gives no guidance on how to make those decisions--or the court will say as the gentleman from Virginia just suggested the court would do, the court will exercise judicial restraint and will say this is a political question. We decline to make any order, in which case this amendment is not worth the paper it's written on because it's not enforceable at all. Either it's enforceable by the court saying increase this tax, decrease that expenditure, or it's not enforceable and it's a total joke. One way or the other.
On the recordNovember 17, 2011
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