Jonah Patel
The US Constitution outlines that all bills for raising revenue shall originate in the House of Representatives. This is known as the Origination Clause, derived from English parliamentary practice, and it grants the House of Representatives the power of the purse. The Senate may propose or concur with amendments, as in the case of other bills. The Origination Clause was part of the Great Compromise, which aimed to balance the power between large and small states. This clause has been the subject of legal challenges and interpretations over the years, with courts interpreting its application in various contexts.
| Characteristics | Values |
|---|---|
| Where do bills for raising revenue originate? | House of Representatives |
| Who can propose or concur with amendments? | The Senate |
| Who has the "power of the purse"? | The House of Representatives |
| What is the name of the clause that requires all bills for raising revenue to originate in the House? | Origination Clause/Revenue Clause |
| What is the purpose of the Origination Clause? | To ensure that the legislative body most responsive to the people has the "power of the purse" |
| What type of bills are considered "revenue bills"? | Those that levy taxes in the strict sense of the word |
| What is not considered a "revenue bill"? | Bills for other purposes that may incidentally create revenue |
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What You'll Learn
The Origination Clause
The typical Origination Clause challenge involves a federal law that requires a person to pay a particular sum, often referred to as a "tax." The challenger alleges that this bill was one for raising revenue within the meaning of the Origination Clause and that the Senate's actions gave it its revenue-raising character. However, the Supreme Court has decided several cases involving this clause, and all challenges to federal statutes have failed.
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The Presentment Clause
The clause also addresses the role of the President in the legislative process. After both chambers of Congress have approved a bill, it is presented to the President for approval. The President has the power to sign the bill into law or veto it. If the President chooses to veto the bill, Congress can override the veto with a two-thirds majority vote in both the House and the Senate, demonstrating a careful balance of powers.
Overall, the Presentment Clause plays a vital role in maintaining a system of checks and balances within the US legislative process, especially concerning bills for raising revenue. By delineating the steps and requirements, the clause ensures collaboration and agreement between the legislative and executive branches, safeguarding against an excessive concentration of power.
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The Presentment of Resolutions Clause
The US Constitution outlines that "All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills." This is known as the Presentment of Resolutions Clause, and it is outlined in Article I, Section 7, Clause 1 of the US Constitution.
The clause gives the House of Representatives, or the House, the "power of the purse," which is the ability to tax and spend public money for the national government. This power is derived from the belief that the House "was more immediately the representatives of the people, and it was a maxim that the people ought to hold the purse-strings." This belief was influenced by English history, where the king had a large degree of control over spending once funds had been raised.
The House of Representatives has several powers that are exclusive to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. The House is composed of members chosen every second year by the people of the several states, with each state having a varying number of representatives based on its population.
Once a bill for raising revenue has been passed by the House, it is sent to the Senate, where it may be amended. If the bill passes the Senate, it is then presented to the President of the United States for approval. The President may sign the bill into law or veto it. If the President vetoes the bill, it is sent back to the House, where it may be reconsidered. If two-thirds of the House still agree to pass the bill, it is sent back to the Senate for another reconsideration. If two-thirds of the Senate also approve, the bill becomes a law, demonstrating the important role of the Presentment of Resolutions Clause in the process of enacting bills for raising revenue.
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The Origination Clause and the Senate
The Origination Clause, also known as the Revenue Clause, is a part of the US Constitution that outlines the procedures for enacting laws related to raising revenue. It is specifically addressed in Article I, Section 7, Clause 1, which states that "all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."
The Origination Clause gives the House of Representatives the exclusive power to initiate revenue-raising bills. This means that any legislation that includes provisions for raising revenue must first be introduced in the House. The clause is based on the principle that the power of the purse should be held by the legislative body most responsive to the people. This ensures that decisions about taxation and revenue are made by representatives directly elected by the voters.
However, while the Senate cannot originate revenue bills, it plays a crucial role in the process. The Origination Clause allows the Senate to propose amendments to these bills, just as it would with any other type of bill. This ability to amend gives the Senate a significant influence on the final shape of revenue legislation. The Senate's power to amend revenue bills was a point of contention during the drafting of the Constitution, with some fearing that it could undermine the Origination Clause's intention.
The interpretation and enforcement of the Origination Clause have been the subject of legal challenges and court rulings. The Supreme Court has ruled on Origination Clause matters, adopting an independent understanding of what constitutes a revenue bill. The Court has held that raising revenue must be the primary purpose of a bill, rather than an incidental effect, for it to fall under the Origination Clause. Additionally, the House of Representatives is responsible for enforcing the Origination Clause and can do so through a process known as "blue-slipping," where they return a measure to the Senate that violates their prerogatives.
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The Origination Clause and statutes
The Origination Clause, part of the procedures that Congress and the President must follow to enact a law, is a prerogative of the House of Representatives. It states that "all Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills." This clause was part of the Great Compromise between small and large states, offsetting the unrepresentative nature of the Senate by compensating the large states for allowing equal voting rights to senators from small states.
The Origination Clause stemmed from a British parliamentary practice that all money bills must have their first reading in the House of Commons before moving to the House of Lords. This practice was intended to ensure that the power of the purse is possessed by the legislative body most responsive to the people. The British practice was modified in America by allowing the Senate to amend these bills.
The typical Origination Clause challenge involves a federal law that requires a person to pay a particular sum, often referred to as a "tax." The challenger alleges that this bill was one for raising revenue within the meaning of the Origination Clause and that the action of the Senate is what first gave the bill its revenue-raising character. However, the Supreme Court has decided several cases involving this clause, and all of those challenges to federal statutes failed.
A statute that raises revenue to support the general functions of the Government is subject to the Origination Clause. However, if a statute establishes a program and raises money for the support of that program in particular, it is not considered to levy taxes in the strict sense and is thus not subject to House origination. For example, a Senate-initiated bill that provided for a monetary "special assessment" to pay into a crime victims fund did not violate the clause because it was a statute that created and raised revenue to support a particular governmental program.
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Frequently asked questions
The Origination Clause, sometimes called the Revenue Clause, is Article I, Section 7, Clause 1 of the U.S. Constitution. It states that all bills for raising revenue must originate in the House of Representatives.
Once a revenue bill has been introduced in the House, it can be amended by the Senate. After passing both Houses of Congress, the bill must be presented to the President for signature or veto. If the President vetoes the bill, it is sent back to the House, which can override the veto with a two-thirds majority vote.
Revenue bills are typically those that levy taxes in the strict sense of the word. Bills that raise money for a particular governmental program, rather than to support the government generally, are not considered revenue bills.
Yes, the Origination Clause can be challenged if a federal law requires a person to pay a particular sum. Challengers may argue that the law is a revenue-raising bill that originated in the Senate rather than the House. However, the Court has upheld bills that raise revenue incidentally as not subject to the Origination Clause.
