Origination Clause

Arguing that the Origination Clause was necessary to ensure that consent for taxation originated with the people’s direct representatives in the House.

Exploring original meaning of the Clause by reference to pre-Revolutionary history, the Constitutional Convention, and the influence on the Framers of British parliamentary practice. Arguing that the Origination Clause is a fixed rule that provides a balance of power between the chambers of Congress “to promote good government and to protect individual liberty.”

Arguing that the Origination Clause, as the “finely wrought” product of Founding compromise, should be protected from indirect violation by extension of United States Term Limits v. Thornton.

Investigating the original public meaning of “revenue raising,” “originate,” and “as on other bills.”

Arguing that “the Framers intended the Origination Clause to protect the interests of the populace and to counterbalance the power of the small states.”

Explaining that the Origination Clause was an intentional tool to protect against government abuses. Arguing that the Framers gave the House of Representatives, instead of the Senate, the power of the purse to keep monetary matters as close to the voters as possible. 

Describing the Founding debates surrounding the Origination Clause and exploring the evolution of “quasi-constitutional norms” surrounding this and other clauses regulating congressional procedure.

Describing the origins of the Origination Clause and Founding debates over whether the permissibility of Senate amendment rendered the clause ineffectual.

Discussing the history of providing the Senate with the power to amend and the Founders’ concerns in doing so.