The Origination Clause of the Constitution (Article I, section 7) grants the House the sole
prerogative to originate revenue legislation. Yet I have heard Senators say they must wait
for an appropriations bill to come over from the
House. Must spending bills also originate in the House? How important is the power to originate
in the actual process? - 5/3/00
You are right that the Constitution is clear about revenue legislation but does not directly address
appropriations, or spending, measures. Extending the House's right to originate to the spending
category has been a matter of long dispute between the House and the Senate. The Senate has
repeatedly asserted its right to originate spending legislation, adopted resolutions to that end,
even called for commissions to study the dispute. However, the House has a different
perspective. House precedents have defined "revenue measures" to include general
appropriations bills, claiming that at the time the Constitution was adopted,
"raising revenue" meant "raising money and appropriating the same."
So, whenever the Senate does initiate appropriations legislation, the House practice is to return it
to the Senate with a blue piece of paper attached citing a constitutional infringement of House
prerogatives. The practice of returning such bills and amendments to the Senate without action is
known as "blue-slipping."
Without House action, Senate-initiated spending legislation cannot make it into law. So in
practice, the Senate rarely attempts to initiate such bills anymore, and if it does, the House is
diligent about returning them. Regardless of one's opinion of the correct interpretation of the
Constitutional provision, the House refusal to consider such Senate legislation settles the matter
in practice.
However, just as is spelled out in the Constitution for revenue bills, the Senate right to amend
appropriations bills received from the House is not disputed. As with all legislation, a
House-Senate conference will have to come to terms with the differences between the two
versions of an
appropriations bill. Each chamber will have to adopt the compromise conference text. So in the
end, the process gives the Senate an equivalent role to the House in determining the text of both
revenue and appropriations bills.
One can argue over how much influence the power of origination actually has. It sets the initial
framework, which means deciding which matters to include and which to leave out. At times,
the House debate and amendment process may build some political momentum which the Senate
may find difficult to ignore. On the other hand, while the Senate cannot vote first on a
revenue
bill, and by extension, an appropriations bill, and send it to the House for legislative action, there
is no restriction on the Senate's consideration of such measures before the House has
acted.
The Senate need not wait for the House papers to come over before starting legislative
consideration of revenue or spending bills, unless it so wishes. To save time, the Senate often
will process their own bills through committee, and even debate and amend them on the floor. It
completes all the legislative stages up to the vote on final passage of the Senate-numbered
measure. The legislation is then held until the House version comes over. The Senate proceeds
to amend the House version to reflect the text of its own product, then passes the amended House
bill, and returns the revised measure to the House. This practice provides the Senate with the
opportunity to make legislative progress on spending and revenue measures even if the House
has not yet completed work on them.