Democrats, meanwhile, were split, with some, like Senate Judiciary Committee Chairman Patrick LeahyPatrick Joseph LeahyOvernight Defense: Senate passes 0B defense bill | 3,000 US troops heading to Afghanistan | Two more Navy officials fired over ship collisions Senate passes 0B defense bill Live coverage: Sanders rolls out single-payer bill MORE (Vt.) and Sen. Kent Conrad (N.D.) arguing that the Congress should not tamper with the Constitution but balance the budget annually on its own volition. Other senators like Sen. Mark UdallMark UdallDemocratic primary could upend bid for Colorado seat Picking 2018 candidates pits McConnell vs. GOP groups Gorsuch's critics, running out of arguments, falsely scream 'sexist' MORE (D-Colo.), however, expressed support for a limited version of the amendment expressed in S.J.Res 24.

That Democratic version would prevent Congress from lowering taxes on millionaires and also exempt the Social Security trust funds from the amendment's accounting. 

The Senate spent hours in a break and in quorum calls on Tuesday afternoon.