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What You'll Learn
The Origination Clause
The Supreme Court has occasionally ruled on Origination Clause matters, adopting a definition of revenue bills that is based on two central principles that tend to narrow its application to fewer classes of legislation than the House:
- Raising money must be the primary purpose of the measure, rather than an incidental effect.
- The resulting funds must be for the expenses or obligations of the government generally, rather than a single, specific purpose.
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The Senate's role
The Origination Clause states that "all bills for raising revenue shall originate in the House of Representatives", but it also grants the Senate the power to "propose or concur with amendments as on other bills". This clause is based on the idea that the body closest to the voters, the House, should have control over fiscal legislation. The House, with its shorter election cycles, is more directly responsive to the population and has the primary responsibility over matters that directly affect citizens through taxation.
The Senate's ability to amend revenue bills was added in 1787 to reduce the House's power. The Origination Clause was part of the Great Compromise, which aimed to balance the power between large and small states. The large states were unhappy with the disproportionate power of small states in the Senate. By allowing the Senate to amend revenue bills, the Origination Clause theoretically offsets the unrepresentative nature of the Senate.
The Senate's right to amend revenue bills is not without limits. The Supreme Court has ruled that raising money must be the primary purpose of the bill, rather than an incidental effect, and that the funds raised must be for general government expenses rather than a specific purpose. The House is responsible for enforcing the Origination Clause through a process known as "blue-slipping", where a measure that violates the clause is returned to the Senate.
Once a bill has been approved by both the House and the Senate, it is presented to the President for approval. If the President disapproves, they can veto the bill, list their objections, and send it back for reconsideration by the originating chamber. For a vetoed bill to become law, it must be passed again with a two-thirds majority in both the House and the Senate.
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The House's authority
The United States Constitution, specifically Article I, Section 7, Clause 1, outlines the authority of the House over bills that deal with raising money. This clause, known as the Origination Clause or Revenue Clause, states that "all bills for raising revenue shall originate in the House of Representatives". This means that any legislation related to raising revenue, such as taxes, must be introduced in the House first. The House, being more directly responsive to the population, is thus given a key role in matters of taxation and revenue generation.
The Origination Clause stems from British parliamentary practice, where all money bills must have their first reading in the House of Commons before moving to the House of Lords. However, in the American adaptation, the Senate was granted the power to amend these bills. This clause was part of the Great Compromise, which aimed to balance the power between large and small states. The large states were concerned about the disproportionate influence of small states in the Senate, so the Origination Clause gave the House, which represents states based on population, the primary authority over financial matters.
While the House has the prerogative to initiate revenue-related bills, the Senate plays a crucial role in the process. The Senate can propose amendments to these bills or concur with them, similar to its role in considering other types of legislation. This collaborative process allows for thorough debate and amendments. Once a bill is drafted and introduced in the House, it is discussed, amended, and voted on. If approved, it moves to the Senate for further consideration and potential amendments.
The Supreme Court has occasionally ruled on Origination Clause matters, interpreting the clause based on two central principles. Firstly, raising revenue must be the primary purpose of the bill, rather than an incidental effect. Secondly, the funds raised should be for general governmental expenses rather than a specific purpose. These rulings have provided further context to the application of the Origination Clause.
Despite the constitutional requirement, there have been instances where Congress has bypassed this rule. However, maintaining legislative integrity is crucial, and all revenue-raising bills should start in the House to uphold this principle. The House's authority in this regard ensures that elected representatives, who are closest to the citizens, have the primary responsibility for initiating financial legislation.
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Legislative integrity
The US legislative process is designed to ensure integrity in the creation of laws, particularly those related to taxation and revenue generation. This integrity is maintained through a specific procedure outlined in the US Constitution, which states that all bills dealing with raising money must originate in the House of Representatives. This is known as the Origination Clause, or the Revenue Clause, and it is part of Article I, Section 7, Clause 1 of the Constitution.
The Origination Clause stipulates that "all bills for raising revenue shall originate in the House of Representatives". This means that any legislation involving financial matters, such as taxes, must be introduced in the House first. The House, composed of representatives directly elected by the people, has the primary responsibility for matters that directly affect citizens through taxation. This process ensures that the body closest to the voters controls fiscal legislation and initiates discussions about how to generate government funds.
While the House initiates these bills, the Senate plays a crucial role in the process. The Senate may propose amendments or concur with amendments to revenue bills. This collaborative process allows for thorough debate and amendments, with the Senate's authority to amend ensuring a balance of power between the two chambers. However, the initiation of revenue-related bills must always come from the House, and the Senate cannot alter this aspect.
The Supreme Court has occasionally ruled on Origination Clause matters, interpreting the clause based on two central principles. Firstly, raising money must be the primary purpose of the bill, rather than an incidental effect. Secondly, the funds raised should be for the general expenses or obligations of the government, rather than a specific purpose. These rulings further emphasise the importance of legislative integrity in the US Constitution, particularly in fiscal matters.
Despite the constitutional requirement, there have been instances where Congress has bypassed this rule. However, maintaining legislative integrity in the creation of laws related to revenue and taxation is essential for upholding the principles outlined in the US Constitution.
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Presidential approval
Once a bill has been introduced in the House, it is discussed, amended, and voted on. If approved, it then goes to the Senate for further consideration. The Senate can propose amendments, but it does not initiate these types of bills. This collaborative process allows for thorough debate and amendments, reflecting the framers' intent to give the House a key role in matters related to revenue and taxation while still allowing the Senate input.
After a bill has been approved by both the House and the Senate, it is presented to the President of the United States for approval. The President may approve the bill and sign it into law, or they may veto it, in which case it is sent back to the chamber where it originated, along with the President's objections. If the President vetoes a bill, Congress may make changes to the bill to make it more acceptable to the President, or the bill can be passed again with a two-thirds majority vote in both the House and the Senate to override the veto and become law.
The Origination Clause has been the subject of legal challenges and interpretations over the years, with the Supreme Court occasionally ruling on Origination Clause matters. The Court has interpreted the clause to mean that raising money must be the primary purpose of the bill, rather than an incidental effect, and that the funds raised must be for general government expenses rather than a specific purpose.
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Frequently asked questions
All bills that deal with raising money must start in the House of Representatives, as outlined in the United States Constitution.
The Origination Clause, sometimes called the Revenue Clause, is Article I, Section 7, Clause 1 of the U.S. Constitution.
The Origination Clause ensures that elected representatives, who are closest to the citizens, initiate financial legislation. It also reinforces the idea that discussions about how to generate government funds should be led by the direct representatives of the people.
After a bill is introduced, discussed, and amended in the House, it is voted on. If approved, it goes to the Senate for further consideration and amendments. If the bill is approved by both the House and the Senate, it is sent to the President to be signed into law.
