Friday, October 2, 2020

The Origination Clause of the U.S. Constitution: Interpretation and Enforcement

"Article I, Section 7, clause 1, of the U.S. Constitution is known as the Origination Clause because it provides that “All Bills for raising Revenue shall originate in the House of Representatives.” The meaning and application of this clause has evolved through practice and precedent since the Constitution was drafted. 

The Constitution does not provide specific guidelines as to what constitutes a “bill for raising revenue.” This report analyzes congressional and court precedents regarding what constitutes such a bill. The precedents and practices of the House apply a broad standard and construe the House’s prerogatives broadly to include any “meaningful revenue proposal.” This standard is based on a provision-by-provision review of whether the measure in question has revenue-affecting potential and not simply whether it would raise or lower revenues directly. As a result, the House includes within the definition of revenue legislation not only direct changes in the tax code but any fees not intended as payment for a specific government service, as well as any change in import restrictions because of their potential impact on tariff revenues. The precedents of the Senate reflect a similar understanding. The Supreme Court has occasionally ruled on Origination Clause matters, adopting an independentunderstanding of what constitutes a revenue bill that is based on two central principles: (1) raising money must be the primary purpose of the measure rather than an incidental effect and (2) the resulting funds must be for the expenses or obligations of the government generally rather than a single, specific purpose..."
Origination clause 

No comments: