Origination Clause – Article I, Section 7, Clause 1

The Heritage Guide to the Constitution, Fully Revised 2d ed. (Washington, D.C.: The Heritage Foundation and Regnery Publishing, 2014), pp. 107-08.

Case Legal Studies Research Paper No. 2016-22

5 Pages Posted: 17 Aug 2016

See all articles by Erik M. Jensen

Erik M. Jensen

Case Western Reserve University School of Law

Date Written: June 23, 2016

Abstract

This essay discusses the Origination Clause in the Constitution, which in form requires that “Bills for raising Revenue” originate in the House of Representatives, which was thought to be closer to the people than was the Senate. The Origination Clause had principle underlying it, but it has turned out to have little practical effect. Congressional practice has generally permitted the Senate to substitute its own version of tax legislation so long as the legislation ultimately bears a House number. And because the House must sign off on any revenue legislation anyway, should anyone else care about the House’s constitutional prerogatives if the House itself doesn’t?

Keywords: Origination Clause, Bill for raising Revenue

JEL Classification: K19

Suggested Citation

Jensen, Erik M., Origination Clause – Article I, Section 7, Clause 1 (June 23, 2016). The Heritage Guide to the Constitution, Fully Revised 2d ed. (Washington, D.C.: The Heritage Foundation and Regnery Publishing, 2014), pp. 107-08.; Case Legal Studies Research Paper No. 2016-22. Available at SSRN: https://ssrn.com/abstract=2799852

Erik M. Jensen (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-3613 (Phone)
216-368-2086 (Fax)

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