Constitution Index · H.J.Res. 139 · 2026-01-09

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

Latest official status (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).

Official source ↗

Constitutional grade

B

Mostly sound

This proposed constitutional amendment imposes a balanced budget requirement and supermajority rules for tax increases on the federal government. It does not infringe any enumerated rights or individual sovereignty, and it respects due process. However, it centralizes fiscal rule-making at the federal level in a way that cannot be handled by individuals, localities, or states, creating minor tension with the principle of decentralization. Overall, the amendment is mostly sound with a fixable structural concern.

Article I, Section 8 Article V Amendment V

SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com

The five checks

Enumerated powers · passes

The amendment constrains Congress's existing taxing and spending powers under Article I, Section 8. It does not grant new federal authority or exceed enumerated powers; rather, it imposes procedural limits on their exercise. The amendment is proposed under Article V, which is the proper mechanism for altering constitutional structure.

Bill of Rights · passes

The amendment does not restrict speech, religion, press, assembly, petition, arms, quartering, search and seizure, self-incrimination, due process, fair trial, jury, cruel and unusual punishment, unenumerated rights, or reserved powers. It only imposes procedural requirements on federal fiscal legislation, which does not directly implicate any provision of the first ten amendments.

Individual liberty · passes

The amendment restricts government action (taxing and spending) but does not directly limit what individuals may do with their person, property, speech, labor, or belief. Any indirect effect on taxation levels does not constitute a restriction on individual sovereignty without compelling justification, as the government bears no burden to justify a constraint that does not exist.

Decentralization · raises concerns · severity: minor

The amendment imposes a federal constitutional rule on federal budgeting. (1) An individual or family cannot handle federal fiscal policy without government involvement. (2) A local community or county cannot handle it without state involvement. (3) A state cannot handle it without federal involvement because the amendment governs the federal government itself. (4) The action consolidates decision-making at the federal level by enshrining a uniform fiscal rule, though it also restricts federal discretion. This fails the decentralization test, but the tension is minor because the amendment limits rather than expands federal power.

Due process and takings · passes

The amendment does not bypass procedural or substantive due process, nor does it take private property without just compensation. It establishes legislative procedures for Congress and does not affect individual rights to fair notice, hearing, or property. No Fifth Amendment violation is present.

Provenance

Grade ID
349
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-09 07:20 UTC
Engine
backup SI engine
Source fetched
2026-10-08 07:07 UTC
Source SHA-256
af89241b3a79561e95172ca5bedcfdedb6ac2cb163b27772a7876fb493bab01a
Checks
si-editorial-standard/1.0: real Constitution citation, language rules

Version history · never overwritten

GradeGradedRubric Source hashStatus
B · #349 2026-10-09 vfa-constitutional-grade/1.0 af89241b3a79 current

Cite this

Values for America. “Constitutional grade: H.J.Res. 139, Proposing an amendment to the Constitution of the United States requiring a balanced budget for the Federal Government..” VFA Constitution Index, grade 349 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/349. Accessed 2026-10-19.

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