From the Southwest Ledger
As we begin the new year, we are also starting a new section of Article I, one of the most familiar and important parts of our Constitution.
When we think about constitutional protections, we often focus on checks and balances, and one of the most notable of those checks is the presidential veto. But immediately before the veto power appears, there is an often-overlooked provision: the Revenue Clause.
Article I, Section VII, Clause I states: “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.”
We have seen this clause in action several times in recent years, particularly with budget bills that originate and pass in the House only to stall in the Senate. To understand why revenue bills must begin in the House, it is important to remember that under the original Constitution, only members of the House of Representatives were directly elected by the people. Senators, at the time, were chosen by state legislatures. The framers believed that decisions about taxation should originate in the people’s house, where citizens had a voice.
Although the clause seems straightforward, it has been the subject of several U.S. Supreme Court cases, primarily over what qualifies as a “revenue bill.” Another key issue was whether the Senate may amend revenue bills. The Supreme Court answered this question in the affirmative in Flint v. Stone Tracy Co. (1911).
Now for the most widely recognized portion of Section VII, Clause II: “Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.”
Anyone who has watched Schoolhouse Rock likely has a basic understanding of this process. In simple terms, for a bill to become law, it must pass by both the House and the Senate (by a majority, as stated in an earlier clause) and then be presented to the President.
Once the bill reaches the President, he has several options. If he approves the bill, he signs it and it becomes law. If he disapproves, he may veto it by returning it to the house in which the bill originated.
This veto represents a key executive check on Congress.
Congress, however, also has a check on the executive and may override the veto passing it again with a two-thirds vote in both chambers. If successful, the bill becomes law despite the President’s objections.
The clause also addresses what happens if the President takes no action. Once a bill is presented, the President has 10 days (excluding Sundays) to sign or veto it. If Congress is in session and the President does nothing, the bill automatically becomes law. If Congress has adjourned and cannot receive the veto, the bill fails. This is known as a pocket veto.
While this back-and-forth process between Congress and the President may seem complicated or slow, that was precisely our framers’ intent. As I often say, “the only thing worse than gridlock is no gridlock.” Our Constitution was designed to limit federal power by making governmental action deliberate and difficult.
Finally, Clause III states: “Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.”
This clause prevents Congress from bypassing the President by labeling legislation as something other than a bill. The Supreme Court has interpreted this provision to apply only to actions that carry the force of law, not to internal congressional matters.
Taken together, these three clauses outline how a bill becomes law while clearly illustrating the checks the legislative and executive branches exercise over one another—a core feature of our constitutional system.
James Finck is a professor of American history at the University of Science and Arts of Oklahoma. He can be reached at james.finck@swoknews.com. mailto:james.finck@swoknews.com
https://www.southwestledger.news/opinion/constitution-101-revenue-and-presentation-clauses
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