What type of bills must originate in the house

The veto provisions, the Supreme Court has told us, serve two functions. During the s, on several occasions, Congress lumped all the appropriations for the operation of the government into one gargantuan bill.

But the President must sign or veto the entire bill; doing the former may mean he has to accept provisions he would not sign standing alone, and doing the latter may have other adverse consequences.

More recently, beginning in the FDR Administration, it has been debated whether Congress could by statute authorize a form of the line-item veto, but, again, nothing passed. That the interpretation of the provisions has not been entirely consistent is evident from a review of the only two Supreme Court decisions construing them.

In The Pocket Veto Case , the Court held that the return of a bill to the Senate, where it originated, had been prevented when the Congress adjourned its first session sine die fewer than ten days after presenting the bill to the President. It had been argued to the Court that the return may be validly accomplished to a proper agent of the house of origin for consideration when that body convenes.

However, in Wright v. The Secretary of the Senate was functioning and was able to receive, and did receive the bill. There was no indefinite period in which a bill was in a state of suspended animation with public uncertainty over the outcome. The tension between the two cases, even though at a certain level of generality they are consistent because of factual differences, has existed without the Supreme Court yet having occasion to review the issue again. But, in Kennedy v. Sampson , an appellate court held that a return is not prevented by an intra-session adjournment of any length by one or both Houses of Congress, so long as the originating House arranged for receipt of veto messages.

The two-thirds vote of each House required to pass a bill over a veto means two-thirds of a quorum. Asserting this truism, the Court in The Confiscation Cases held that the immunity proclamation issued by the President in did not require reversal of a decree condemning property seized under the Confiscation Act of For years it was assumed that the Framers inserted the clause to prevent Congress from evading the veto clause by designating as something other than a bill measures intended to take effect as laws.

Recent scholarship presents a different possible explanation for the ORV Clause— that it was designed to authorize delegation of lawmaking power to a single House, subject to presentment, veto, and possible two-House veto override. At the request of the Senate, the Judiciary Committee in published a comprehensive report detailing how the clause had been interpreted over the years.

Although the ORV Clause excepts only adjournment resolutions and makes no explicit reference to resolutions proposing constitutional amendments, the practice and understanding, beginning with the Bill of Rights, has been that resolutions proposing constitutional amendments need not be presented to the President for veto or approval.

Hollingsworth v. Virginia , in which the Court rejected a challenge to the validity of the Eleventh Amendment based on the assertion that it had not been presented to the President, is usually cited for the proposition that presentation of constitutional amendment resolutions is not required. The Legislative Veto.

In INS v. Congress can thereafter control the execution of its enactment only indirectly—by passing new legislation. Roderick and Mathew D. Chicago: The University of Chicago Press, Kimmel, Lewis. Federal Budget and Fiscal Policy, — Washington, D. Leloup, Lance. The Fiscal Congress. Westport, CT: Greenwood, Schick, Allen.

Congress and Money: Budgeting, Spending and Taxing. Selko, Daniel. The Federal Financial System. Stewart, Charles H. New York: Cambridge University Press, Wildavsky, Aaron B.

Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary except on a question of adjournment shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

Privacy Policy Terms of Use. Short Version -- This is a summary of the important issues covered in this section of the U. S Constitution. All tax bills must originate in the House of Representatives. 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.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.

But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days Sundays excepted after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary except on a question of Adjournment shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Article I, Section 7 of the Constitution creates certain rules to govern how Congress makes law. Its first Clause—known as the Origination Clause—requires all bills for raising revenue to originate in the House of Representatives. The second—the Presentment Clause—requires all laws to be presented to the President for his signature or veto. Taken together, these rules channel lawmaking through a process that promotes thorough deliberation over the wisdom of any new legislation.

The Origination Clause derived from an English parliamentary practice requiring all money bills to have their first reading in the House of Commons. Any other type of bill may originate in either the Senate or the House. The Origination Clause was part of the Great Compromise. The Presentment Clause is no such paper tiger. The Clause provides that a bill can become a law only if, after passage by both Houses of Congress, it is presented to the President. The President then has ten days either to sign the bill into law or reject the bill and return it to Congress with an explanation of his or her objections.

If the President rejects the bill, he or she must return it to the House in which it originated. Matters are more complicated if the President does nothing by the end of the ten-day window.

In those circumstances, the President may effectively veto the bill by taking no action. What exactly constitutes an adjournment for the purposes of a pocket veto has been a source of conflict. Does any adjournment count, for example, or just those adjournments that end the legislative session? The Court refined that interpretation in Wright v.