[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 13. Powers and Prerogatives of the House]
[C. House Prerogative to Originate Revenue Bills]
[Â§ 15. Return of Senate Legislation]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1845-1850]
 
                               CHAPTER 13
 
                  Powers and Prerogatives of the House
 
            C. HOUSE PREROGATIVE TO ORIGINATE REVENUE BILLS
 
Sec. 15. Return of Senate Legislation

Bill Amending Silver Purchase Act

Sec. 15.1 The House by voice vote returned to the Senate a Senate bill 
    which proposed to amend the Silver Purchase Act, on the ground that 
    the bill affected the revenue and therefore was an infringement of 
    the prerogatives of the House.

    On Jan. 15, 1936,(7) the House agreed to a resolution 
returning S. 3260 to the Senate, on the ground that it affected 
revenue.
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 7. 80 Cong. Rec. 448, 74th Cong. 2d Sess.
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        Mr. [Jere] Cooper of Tennessee: Mr. Speaker, I rise to a 
    question of privilege of the House and offer the following 
    resolution.

        The Clerk read as follows:

                             House, Resolution 396

            Resolved, That the bill (S. 3260) to amend Public Law No. 
        438, Seventy-third Congress, entitled ``An act to authorize the 
        Secretary of the Treasury to purchase silver, issue silver 
        certificates, and for other purposes'', in the opinion of this 
        House contravenes that clause of the Constitution of the United 
        States requiring revenue bills to originate in the House of 
        Representatives, and is an infringement of the prerogatives of 
        this House, and that said bill be respectfully returned to the 
        Senate with a message communicating this resolution.

        The resolution was agreed to, and a motion to reconsider was 
    laid on the table.

Bill Amending Tariff Act of 1930

Sec. 15.2 The House by voice vote returned a Senate bill purporting to 
    amend the Tariff Act of 1930, on the ground that it invaded the 
    prerogatives of the House.

    On Jan. 29, 1936,(8) the House returned S. 1421 to the 
Senate on the ground that it invaded the prerogatives of the House.
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 8. 80 Cong. Rec. 1183, 1184, 74th Cong. 2d Sess.
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        Mr. [Jere] Cooper of Tennessee: Mr. Speaker, I rise to a 
    question of the privilege of the House and present a resolution and 
    ask for its immediate consideration.
        The Clerk read the resolution, as follows:

                            House of Resolution 406

            Resolved, That the bill (S. 1421) to amend subsection (a) 
        of section 313 of the Tariff Act of 1930, in the opinion of 
        this House, contravenes that clause of the Constitution of the 
        United States requiring revenue bills to originate in the House 
        of Representatives, and is an infringement on the prerogatives 
        of the House, and that said bill be respectfully returned to 
        the Senate with 3 message communicating this resolution.

[[Page 1846]]

        The Speaker:(9) The question is on agreeing to the 
    resolution.
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 9. Joseph W. Byrns (Tenn.).
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        The resolution was agreed to, and a motion to reconsider was 
    laid on the table.

Bill Exempting Olympic Game Receipts From Taxation

Sec. 15.3 The House by voice vote returned a Senate bill which exempted 
    from taxation receipts from the operation of the Olympic games, on 
    the ground that it invaded prerogatives of the House.

    On Feb. 21, 1936,(10) the House agreed to a resolution 
returning S. 3410 to the Senate on the ground that it infringed upon 
House prerogatives.
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10. 80 Cong. Rec. 2583, 74th Cong. 2d Sess.
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        Mr. [Jere] Cooper of Tennessee: Mr. Speaker, I rise to a 
    question of the privileges of the House and present a resolution 
    for immediate consideration.
        The Clerk read the resolution, as follows:

                             House, Resolution 425

            Resolved, That the bill (S. 3410) to exempt from taxation 
        receipts from the operation of Olympic games if donated to the 
        State of California, the city of Los Angeles, and the county of 
        Los Angeles, in the opinion of this House contravenes that 
        clause of the Constitution of the United States requiring 
        revenue bills to originate in the House of Representatives, and 
        is an infringement of the prerogative of this House, and that 
        said bill be respectfully returned to the Senate with a message 
        communicating this resolution.

        The Speaker:(11) The question is on agreeing to the 
    resolution.
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11. Joseph W. Byrns (Tenn.).
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        The resolution was agreed to.
        On motion of Mr. Cooper of Tennessee, a motion to reconsider 
    the vote by which the resolution was agreed to was laid on the 
    table.

Measure to Redetermine Sugar Quota

Sec. 15.4 On the ground that it infringed upon the prerogative of the 
    House to originate bills for raising revenue, the House ordered the 
    return of a Senate joint resolution authorizing the President to 
    make a redetermination of the Cuban sugar quota for 1960 [which 
    involved a tariff as well as an incentive payment].

    On July 2, 1960,(12) the House by voice vote agreed to 
House Resolution 598, returning to the Senate Senate Joint Resolution 
217 which, notwithstanding the provision of the Quota Act of 1948, as 
amended, authorized the President to determine the quota for Cuba under 
that act for the bal

[[Page 1847]]

ance of the calendar year 1960 in such amounts as he found to be in the 
national interest. The joint resolution was returned because it 
infringed upon the prerogative of the House to originate bills for 
raising revenue.
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12. 106 Cong. Rec. 15818, 15819, 86th Cong. 2d Sess.
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        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, I 
    offer a resolution based on the privileges of the House and ask for 
    its immediate consideration.
        The Clerk read as follows:

                              House Resolution 598

            That Senate Joint Resolution 217 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 resolution be respectfully returned to the Senate with 
        a message communicating this resolution.

        Mr. [Charles A.] Haleck [of Indiana]: Mr. Speaker, will the 
    gentleman yield?
        Mr. McCormack: I yield.
        Mr. Halleck: Will the gentleman explain the resolution?
        Mr. McCormack: This resolution has the effect of sending back 
    to the Senate the Senate resolution in relation to the sugar 
    legislation. It states that the House respectfully declines to 
    receive it on the ground that it involves revenue or affects 
    revenue; and, under the Constitution, such legislation should 
    originate in the House of Representatives.
        The Speaker: (13) The question is on the resolution.
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13. Sam Rayburn (Tex.).
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        The resolution was agreed to.
        A motion to reconsider was laid on the table.

Bill Raising Duty on Fishery Products

Sec. 15.5 A Senate-passed bill authorizing the President to raise the 
    duty on fishery products was held to be an infringement of the 
    privilege of the House, and was returned to the Senate.

    On May 20, 1965,(14) the House by voice vote agreed to 
House Resolution 397, returning S.1734 to the Senate, on the ground 
that it infringed the privileges of the House.
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14. 111 Cong. Rec. 11149, 11150, 89th Cong. 1st Sess.
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        Mr. [Wilbur D.] Mills [of Arkansas]: Mr. Speaker, I rise on a 
    question of the privileges of the House, send a resolution to the 
    desk, and ask for its immediate consideration.
        The Clerk read as follows:

                              House Resolution 397

            Resolved, That the bill of the Senate (S. 1734) to conserve 
        and protect domestic fishery resources 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.

[[Page 1848]]

        The Speaker:(15) The question is on the resolution.
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15. John W. McCormack (Mass.).
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        The resolution was agreed to.
        A motion to reconsider was laid on the table.

    The objectionable portion of S. 1734 stated:

        That when the Secretary of the Interior determines that the 
    fishing vessels of a country are being used in the conduct of 
    fishing operations in a manner or in such circumstances which 
    diminish the effectiveness of domestic fishery conservation 
    programs, the President. . . may increase the duty on any fishery 
    product in any form from such country for such time as he deems 
    necessary to a rate not more than 50% above the rate existing on 
    July 1, 1934.'' ( Emphasis supplied.)

Bill Amending Tariff Schedules

Sec. 15.6 The Senate having passed a bill relating to the Trust 
    Territory of the Pacific Islands containing one title amending the 
    tariff schedules of the United States, the House held that the 
    Senate's action constituted a violation of article I, section 7 of 
    the Constitution, and adopted a resolution returning the bill to 
    the Senate.

    On May 3, 1971, (16) the House by voice vote agreed to 
House Resolution 414, returning S. 860 to the Senate because it 
contravened article I, section 7 of the Constitution and infringed upon 
the privileges of the House.
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16. 117 Cong. Rec. 12991, 92d Cong. 1st Sess.
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        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: (17) The Chair recognizes the gentleman 
    from Arkansas (Mr. Mills).
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17. 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,

[[Page 1849]]

    and all bills which include such amendments must originate in the 
    House. . . .
        The resolution was agreed to.
        A motion to reconsider was laid on the table.(18)
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18. See Sec. 19.5, infra, for Senate disposition of this matter.
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Bill Amending Firearms Act

Sec. 15.7 The House returned a Senate bill to amend the National 
    Firearms Act, on the ground that it contravened the constitutional 
    prerogative of the House to originate bills to raise revenue.

    On Mar. 30, 1937,(19) the House by voice vote agreed to 
House Resolution 170, returning S. 1905 to the Senate because the 
Senate bill contravened the constitutional prerogative of the House 
under article I, section 7.
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19. 81 Cong. Rec. 2930, 75th Cong. 1st Sess.
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        Mr. [Jere] Cooper [of Tennessee]: Mr. Speaker, I offer a 
    resolution for immediate consideration.
        The Clerk read as follows:

                              House Resolution 170

            Resolved, That the bill (S. 1905) to amend the National 
        Firearms Act, passed June 26, 1934, in the opinion of this 
        House contravenes that clause of the Constitution of the United 
        States requiring revenue bills to originate in the House of 
        Representatives and is an infringement of the prerogatives of 
        this House, and that said bill be respectfully returned to the 
        Senate with a message communicating this resolution.

        The resolution was agreed to.

Substitute Adding Tax to House Bill

Sec. 15.8 The House held that a Senate amendment in the nature of a 
    substitute imposing an additional tax, offered to a House bill to 
    amend the Railroad Retirement Act, was an infringement upon the 
    privileges of the House; and the House bill, as amended, was 
    returned to the Senate.

    On Sept. 14, 1965,(20) the House by voice vote agreed to 
House Resolution 578, returning H.R. 3157 to the Senate because Senate 
amendments to that bill contravened the constitutional prerogative of 
the House to originate revenue bills.
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20. 111 Cong. Rec. 23632, 89th Cong. 1st Sess.
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        Mr. [Oren] Harris [of Arkansas]: Mr. Speaker, I rise to a 
    question of the privilege of the House and offer a resolution.
        The Clerk read the resolution, as follows:

                                  H. Res. 578

            Resolved, That the amendment in the nature of a substitute 
        added by the Senate to the House bill (H.R. 3157) to amend the 
        Railroad Retire

[[Page 1850]]

        ment Act of 1937 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, with the 
        amendments, be respectfully returned to the Senate with a 
        message communicating this resolution.

        The resolution was agreed to.
        A motion to reconsider was laid on the table.