[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c13_txt-14]                         

[Page 1841-1843]
 
                               CHAPTER 13
 
                  Powers and Prerogatives of the House
 
            C. HOUSE PREROGATIVE TO ORIGINATE REVENUE BILLS
 
Sec. 13. In General


    The precedents in sections 15-18, infra, relate to the 
constitutional prerogative of the House to originate bills to raise 
revenue.<SUP>(4)</SUP> Article I, section 7, clause 1, provides 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.'' <SUP>(5)</SUP>
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 4. See 2 Hinds' Precedents Sec. Sec. 1480-1501; 6 Cannon's Precedents 
        Sec. Sec. 314-322; and 8 Cannon's Precedents Sec. 2278, for 
        earlier precedents.
 5. See House Rules and Manual Sec. 99 (1973).
            See also Constitution of the United States of America: 
        Analysis and Interpretation, S. Doc. No. 92-82, 92d Cong. 2d 
        Sess. 125, 126 (1973), for discussion of this provision. And 
        see Sec. Sec. 19, 20, infra, for a discussion of Senate 
        authority to amend revenue bills and make appropriations.
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    Because questions relating to the prerogative of the House to 
originate revenue legislation <SUP>(6)</SUP> involve interpretation of 
the Constitution <SUP>(7)</SUP> rather than House

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rules, they are decided by the House rather than the 
Chair.<SUP>(~8~)</SUP> A question alleging that the Senate has invaded 
this prerogative is privileged <SUP>(9)</SUP> under Rule 
IX,<SUP>(10)</SUP> and may be raised at any time when the House is in 
possession of the bill and related papers in question.<SUP>(11)</SUP> 
The question may be raised pending the motion to call up a conference 
report on a bill <SUP>(12)</SUP> and may be committed to conference if 
raised prior to conference.<SUP>(13)</SUP>
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 6. For one view on what is comprehended by the phrase ``bills for 
        raising revenue,'' see J. Story, Commentaries on the 
        Constitution of the United States Sec. 880, vol. 1, Boston 
        (1833).
 7. See, for example, the discussion and cases cited in Sec. 19.2, 
        infra.
 8. 2 Hinds' Precedents Sec. 1490. See also Sec. 19.1, infra, for an 
        analogous Senate precedent.
 9. Sec. 14.1, infra.
10. House Rules and Manual Sec. Sec. 661, 662 (1973).
11. Sec. 14.2, infra.
12. Id.
13. 2 Hinds' Precedents Sec. 1487.
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    A Senate bill or joint resolution <SUP>(14)</SUP> which the House 
determines infringes upon its prerogatives may be returned to the 
Senate. When such a measure is received by, or is in possession of the 
House, a Member may rise to a question of privilege and introduce a 
resolution. Such resolution normally declares that in the opinion of 
the House the Senate measure contravenes or infringes upon the House 
prerogative and directs that the measure be returned to the Senate with 
a message communicating the resolution. After debate the resolution may 
be approved,<SUP>(15)</SUP> tabled, <SUP>(16)</SUP> or referred to 
committee.<SUP>(17)</SUP>
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14. There is precedent for the proposition that a Senate concurrent 
        resolution may also be held to infringe upon the prerogative of 
        the House, notwithstanding the fact that such a resolution does 
        not have the force of law. 6 Cannon's Precedents Sec. 319.
15. See Sec. 15, infra, for illustrations of approval.
16. See Sec. 16.1, infra, for a discussion of tabling such a 
        resolution.
17. See Sec. 17.1, infra, for an illustration of referral to committee.
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    On several occasions, the House has chosen to pass a House bill 
instead of a pending Senate measure where the attention of the House 
was called to the impropriety of a revenue measure being included in a 
Senate bill.<SUP>(18)</SUP>
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18. See Sec. Sec. 18.1-18.3, infra which illustrate this procedure.
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    When a Senate bill or joint resolution which arguably infringes 
upon the House prerogative has been referred to committee, the 
committee may refuse to act on it and may report out its own bill in 
lieu of the Senate measure.<SUP>(l9)</SUP>
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19. See Sec. Sec. 18.4, 18.5, infra, which illustrate this procedure.
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    The latter two procedures, vacating proceedings whereby the Senate 
measure had passed the House and massaging a similar House bill to the 
Senate, and reporting a House bill out of com

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mittee, effectively resolve issues relating to the prerogative of the 
House, because courts do not look behind the bill number. 
Notwithstanding the fact that a House revenue measure may have been 
substantially changed by Senate amendments, a bill with a House number 
will not be challenged in court or on the House floor on the ground 
that it infringes upon the prerogative of the House to originate bills 
for raising revenue.<SUP>(20)</SUP> But the House will assert its 
prerogative and return a House bill (not raising revenue) with a Senate 
revenue amendment to the Senate.<SUP>~(2~1)</SUP>
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20. See Hubbard v Lowe, 226 F 135 (S.D.N.Y. 1915) which is discussed at 
        Sec. Sec. 19.2, 20.4, infra.
21. See Sec. 15.8, infra.
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