Related Citations
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Keith E. Whittington, The Place of Congress in the Constitutional Order, 40 Harv. J.L. & Pub. Pol’y 573 (2017).
Arguing that the Origination Clause was necessary to ensure that consent for taxation originated with the people’s direct representatives in the House.
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Robert G. Natelson, The Founders’ Origination Clause and Implications for the Affordable Care Act, 38 Harv. J.L. & Pub. Pol’y 629 (2015).
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.”
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Tessa L. Dysart, The Origination Clause, the Affordable Care Act, and Indirect Constitutional Violations, 24 Cornell J.L. & Pub. Pol’y 451 (2015).
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.
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Priscilla H.M. Zotti & Nicholas M. Schmitz, The Origination Clause: Meaning, Precedent, and Theory from the 12th to 21st Century, 3 Brit. J. Am. Legal Stud. 71 (2014).
Investigating the original public meaning of “revenue raising,” “originate,” and “as on other bills.”
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Rebecca M. Kysar, On the Constitutionality of Tax Treaties, 38 Yale J. Int’l L. 1 (2013).
Arguing that “the Framers intended the Origination Clause to protect the interests of the populace and to counterbalance the power of the small states.”
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Timothy Sandefur, So It’s A Tax, Now What?: Some of the Problems Remaining After NFIB v. Sebelius, 17 Tex. Rev. L. & Pol. 203 (2013).
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.
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Adrian Vermeule, The Constitutional Law of Congressional Procedure, 71 U. Chi. L. Rev. 361 (2004).
Describing the Founding debates surrounding the Origination Clause and exploring the evolution of “quasi-constitutional norms” surrounding this and other clauses regulating congressional procedure.
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J. Michael Medina, The Origination Clause in the American Constitution: A Comparative Survey, 23 Tulsa L.J. 165 (1987).
Describing the origins of the Origination Clause and Founding debates over whether the permissibility of Senate amendment rendered the clause ineffectual.
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Thomas L. Jipping, TEFRA and the Origination Clause: Taking the Oath Seriously, 35 Buff. L. Rev. 633 (1986).
Discussing the history of providing the Senate with the power to amend and the Founders’ concerns in doing so.