Orrin Hatch: “We want to do what is right here. We want to get our country back in order and get spending under control. But on a…”

“We want to do what is right here. We want to get our country back in order and get spending under control. But on a couple of legal matters, I think it would be well if I addressed them for just a few minutes because he has raised some very interesting questions, and others have raised the concern that the balanced budget amendment will give the courts the power and authority to raise taxes. The concern, I believe, lies in regard to a recent Supreme Court decision, Missouri versus Jenkins. In that case, in 1990, the Court in essence approved a lower court remedial remedy of ordering local, State, or county political subdivisions to raise taxes in order to support a court-ordered school desegregation order. The question the distinguished Senator, it seems to me, has raised is would this balanced budget amendment allow a Federal court to order Congress to raise taxes to reduce the budget? I think the answer is clearly no.”