Our rights do not originate with government, but they are to be "secured" by government.
Formerly: Libertarian Party of Citrus county

Wednesday, December 1, 2010

Senate passes Food Safety Bill unconstitutionally

The senate passed the "Food Safety Bill" with lots of fanfare and hoopla. The problem is the Bill they passed is unconstitutional and the House by constitutional law will not take up that same bill.

You see there is a provision in the constitution referred to as the "origination clause." Article 1, Section 7, Clause 1, of the US 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."

The reasoning for revenue generating bills originating from the House is evidenced by the last election, in which the Tax-and-Spend democrats were kicked out. The idea being the House with only 2 year terms could be quickly changed by the people if the House failed do the bidding of the people. The Senate with his longer terms (and original selection by the States not the people) is more insulated does not have to be as responsive to the will of the people. The Origination Clause stems from an English parliamentary requirement that all money bills start from the House of Commons; it was intended to ensure that the "power of the purse" lies with the legislative body closer to the people. The clause was also part of a compromise between small and large states: the latter were unhappy with equal representation in the Senate.

Section 107 of the "Food Safety" bill includes fees that are classified as revenue raisers, hence the Senate originated a bill that raises revenues, clearly unconstitutional. The House Ways and Means Committee will use the "blue slip process" to block completion of the bill in the house. In the House, the blue slip process refers to the rejection slip given to Senate tax and spending bills which have not originated in the House in the first place, per the House's interpretation of the Origination clause.

Nice to see the constitution works as intended.

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