Analyst Brief March 11, 2026

H.J.RES. 139 — Proposing an amendment to the Constitution of the United States requiring a balanced budget for the Federal Government.

Current Status

Referred to the Committee on the Judiciary

Executive Summary

House Joint Resolution 139 proposes a constitutional amendment mandating a balanced budget for the Federal Government. This amendment would require that total expenditures for a year not exceed the average annual receipts collected in the three prior years, adjusted for population changes and inflation. Congress may override this requirement with a two-thirds vote in each House for specific expenditures or during a declared war. The resolution reflects ongoing concerns about federal debt and fiscal responsibility, and was referred to the Committee on the Judiciary.

Bill Data

Primary Sponsor

Mr. Biggs (R-AZ)

Bill Number

H. J. RES. 139

Session

119th

Co-Sponsors

None
View on Congress.gov ↗

Arguments For

  • Enshrining fiscal responsibility in the Constitution could lead to greater economic stability and investor confidence, fostering long-term growth.
  • Passing this resolution allows Republicans to demonstrate commitment to fiscal conservatism, fulfilling campaign promises and potentially galvanizing their base.
  • A balanced budget amendment could force Congress to prioritize spending and reduce wasteful programs, leading to more efficient use of taxpayer dollars.
  • The amendment provides flexibility through the two-thirds vote override, allowing for necessary spending during emergencies like wars or economic crises.

Likely Supporters

RepublicansConservative think tanksTaxpayer advocacy groups

Arguments Against

  • A balanced budget amendment could hamstring the government's ability to respond to economic downturns, potentially exacerbating recessions.
  • Democrats will argue that the amendment disproportionately harms social programs and vulnerable populations, as balancing the budget may require cuts to essential services.
  • Enforcement of the amendment could lead to legal challenges and political gridlock, as different interpretations of 'balanced budget' arise.
  • The two-thirds vote override may be insufficient to address unforeseen crises, potentially leading to severe consequences during emergencies.

Likely Opponents

DemocratsProgressive advocacy groupsLabor unions

📋 Key Provisions

  • Requires a balanced budget where total expenditures do not exceed the average annual receipts from the prior three years, adjusted for population and inflation.
  • Allows Congress to override the balanced budget requirement with a two-thirds vote in each House for specific expenditures.
  • Permits Congress to exceed the budget limit during a declared war with a two-thirds vote.
  • Requires a two-thirds vote in each House to pass any bill that levies a new tax or increases an existing tax rate.
  • Specifies that the amendment will take effect five years after ratification.
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Claim Analysis Page 2, Line 2-5

Total expenditures for a year shall not exceed the average annual receipts collected in the three prior years, adjusted for population changes and inflation.

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"Total expenditures for a year shall not"

Claim Analysis Page 2, Line 10-12

Congress may override the balanced budget requirement with a two-thirds vote in each House for specific expenditures.

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"Congress may by a roll call vote"

Claim Analysis Page 2, Line 17-20

A two-thirds vote in each House is required to pass any bill that levies a new tax or increases an existing tax rate.

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"Any bill to levy a new tax"

Claim Analysis Page 2, Line 23-24

The amendment will take effect five years after ratification.

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"take effect with the fifth year"