[Deschler's Precedents]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:52093c13_txt-15]
[Page 1843-1844]
CHAPTER 13
Powers and Prerogatives of the House
C. HOUSE PREROGATIVE TO ORIGINATE REVENUE BILLS
Sec. 14. Consideration of Objections
Infringement of House Prerogative as Privileged Matter
Sec. 14.1 Infringement by the Senate on the constitutional prerogative
of the House to initiate revenue measures may be raised in the
House as a matter of privilege.
On May 3, 1971,(1) infringement by the Senate of the
constitutional prerogative of the House to initiate revenue measures
(art. I, Sec. 7) was raised in the House as a matter of privilege.
---------------------------------------------------------------------------
1. 117 Cong. Rec. 12991, 92d Cong. 1st Sess.
Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Speaker, I offer a
resolution (H. Res. 414) which involves the privileges of the
---------------------------------------------------------------------------
House, and ask for its immediate consideration.
The Clerk read the resolution as follows:
H. Res. 414
Resolved, That the bill of the Senate (S. 860) relating to
the Trust Territory of the Pacific Islands in the opinion of
this House contravenes the first clause of the seventh section
of the first article of the Constitution of the United States,
and is an infringement of the privileges of this House, and
that the said bill be respectfully returned to the Senate with
a message communicating this resolution.
The Speaker: (2) The Chair recognizes the gentleman
from Arkansas (Mr. Mills).
---------------------------------------------------------------------------
2. Carl Albert (Okla.).
---------------------------------------------------------------------------
Mr. [H.R.] Gross [of Iowa]: Mr. Speaker, will the gentleman
yield?
Mr. Mills: I will be glad to yield to the gentleman from Iowa.
Mr. Gross: Mr. Speaker, may we have a brief explanation of the
reason for the action that is proposed?
Mr. Mills: Mr. Speaker, I will be glad to explain why I have
offered this resolution. It is because the privileges of the House
are actually being violated by title IV of the bill S. 860. That
title includes an amendment of the Tariff Schedules of the United
States,
[[Page 1844]]
and all bills which include such amendments must originate in the
House.(3)
---------------------------------------------------------------------------
3. See Sec. Sec. 15.6, 19.5, infra, for House and Senate disposition
of this matter, respectively.
Timeliness of Objection to Alleged Senate Infringement of House
---------------------------------------------------------------------------
Prerogatives
Sec. 14.2 A question of constitutional privilege relating to the sole
power of the House to originate revenue measures and alleging that
the Senate, by its amendment to a House bill, has violated article
I, section 7 of the Constitution, may be raised at any time when
the House is in possession of the papers; and the question has been
presented pending the reading of a conference report.
On June 20, 1968,(4) a Member, H.R. Gross, of Iowa,
raised a question of constitutional privilege when a conference report
was called up.
4. 114 Cong. Rec. 17970, 90th Cong. 2d sess.
Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Speaker, I call up the
conference report on the bill (H.R. 15414) to continue the existing
excise tax rates on communication services and on automobiles, and
to apply more generally the provisions relating to payments of
estimated tax by corporations, and ask unanimous consent that the
statement of the managers on the part of the House be read in lieu
---------------------------------------------------------------------------
of the report.
The Clerk read the title of the bill.
The Speaker Pro Tempore: (5) Is there objection to
the request of the gentleman from Arkansas?
---------------------------------------------------------------------------
5. Charles M. Price (Ill.).
---------------------------------------------------------------------------
Resolution Offered by Mr. Gross--Privilege of the House
Mr. Gross: Mr. Speaker, I rise to a question of privilege of
the House and offer a resolution.
The Speaker Pro Tempore: The Clerk will report the resolution.
The Clerk read the resolution, as follows:
H. Res. 1222
Resolved, That Senate amendments to the bill, H.R. 15414,
in the opinion of the House, contravene the first clause of the
seventh section of the first article of the Constitution of the
United States, and are an infringement of the privileges of
this House, and that the said bill, with amendments be
respectfully returned to the Senate with a message
communicating this resolution.
The Speaker Pro Tempore: The gentleman from Iowa [Mr. Gross] is
recognized for 1 hour. (6)
---------------------------------------------------------------------------
6. See Sec. 16.1, infra, for a precedent relating to this point of
order.
---------------------------------------------------------------------------
[[Page 1845]]