Orrin Hatch: “the Senator from California suggests that the balanced budget amendment is inconsistent with the Framers of the…”

“the Senator from California suggests that the balanced budget amendment is inconsistent with the Framers of the constitution and their Constitution because it requires a supermajority to pass an imbalanced budget. She asserts that this is countermajoritarian and that majority rule is the main principle in the Constitution. This is simply wrong. Virtually every provision of the Bill of Rights is countermajoritarian--each limits what passing majorities can do. There are many instances in the Constitution: separation of powers, checks and balances, bicameralism, the qualified veto, advise and consent provisions, and treaty ratifications which do not involve the House and often involve supermajorities. The entire amendment process requires supermajorities of Congress and the States. Each of these involves supermajority requirements or gives decisionmaking power to less than the majority. But, Mr. President, the Bill of Rights goes even further: It does not allow changes with majorities, or even supermajorities. In fact, even a unanimous vote cannot contravene the Bill of Rights without amending the Constitution itself. A majority cannot make laws abridging freedom of speech. A majority cannot establish a national church or interfere with the free exercise of religion. A majority cannot allow police to make unreasonable searches and seizures. A majority cannot infringe on the right to keep and bear arms--at least not legitimately.…”