Orrin Hatch: “One issue that arises in terms of the nonjudicial enforcement of the balanced budget amendment is whether section 1 of…”

“One issue that arises in terms of the nonjudicial enforcement of the balanced budget amendment is whether section 1 of Senate Joint Resolution 41, which mandates that total outlays for the fiscal year shall not exceed total receipts for that year, implicitly grants to the President authority to impound funds to suspend the operation of spending measures or to rescind earmarked funding measures. This contention made by opponents was echoed by former Solicitor General Charles Fried, a great friend of mine, during his appearance at Senator Byrd's hearing on February 15. Admittedly, the law of Presidential impoundment is far from clear. However, the plain meaning of the structure of Senate Joint Resolution 41, buttressed by its legislative history, indicates that the amendment does not grant--and I repeat, does not grant--the President any additional authority and is in fact intended only to circumscribe Congress' taxing, borrowing, and spending powers. Specifically, section 1 of Senate Joint Resolution 41 directs that outlays exceed receipts only if three-fifths of both Houses of Congress vote to so provide.”