Posted by
screed on Wednesday, October 01, 2008 11:39:49 PM
The first clause of Article I, Section 7 of the United States Constitution reads "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." Known as the 'Origination Clause" it reflects a historical protection against government abuse.
The power of Parliament over the purse-strings of the realm was the primary check on the authority of the English monarch. This check was recognized by the authors of our Constitution. James Madison explained the Origination Clause in the Federalist #58 thus, "This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people ..."
Because the House of Representatives are the most direct representatives of 'we the people', they were given the power of the purse. The House, responding to overwhelming public opposition to the bailout, rejected it - which (if the Origination Clause means anything) would seem to be the end of the matter.
But the Senate said to hell with the people, and the Constitution, we'll do it ourselves. I'm sure the supporters of the Senate bill will try to spin it as not really being a "revenue bill" - but if it quacks and flatulates under water like a duck, then it's a duck!
In 1990, the Supreme Court said it has the power to declare a law enacted in violation of the Origination Clause unconstitutional - even if it was eventually passed by both Houses of Congress, and signed by the President. That means the Court could throw out the bailout after the money has been spent.
If the Court were to strike the bailout, because it originated in the Senate, that will nulify all the so-called provisions intended to assure that we taxpayers get a return on our "investment". If you believe the recipients of this bailout wouldn't use a Court nulification as an excuse to ignore those provisions - but still keep the money - then I've got some lowland here in Florida you might be interested in buying!
In that same 1990 case the Supreme Court pointed out that the House has the power to protect it's prerogative under the Origination Clause, by simply refusing to pass a Revenue Bill originated in the Senate. If the House doesn't do that in this instance, we may as well consider the Constitution dead - because the taxpayers' "most complete and effectual weapon" misfired.
The core tenet of our political philosophy was expressed by Thomas Jefferson, when he wrote that governments derive their powers from the governed, and that "whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government." Note that he said "any Form", not just monarchy. So this tenet applies to elected governments as well.
If the House passes this Senate-originated bailout, and the Supreme Court doesn't toss it, the Constitution will be defacto deceased - so we may as well dispose of the carcass, convene another Constitutional Convention, and institute a new government. How's that for "change we can believe in"?