[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 13. Powers and Prerogatives of the House]
[C. House Prerogative to Originate Revenue Bills]
[Â§ 14. Consideration of Objections]
[From the U.S. Government Publishing Office, www.gpo.gov]


[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.
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 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 
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    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).
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 2. Carl Albert (Okla.).
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        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,

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    and all bills which include such amendments must originate in the 
    House.(3)
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 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 
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    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 
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    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?
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 5. Charles M. Price (Ill.).

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          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)
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 6. See Sec. 16.1, infra, for a precedent relating to this point of 
        order.
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