http://www.nationalreview.com/node/360228/print
In a Bench Memos post, my friend Matt Franck objects to the contention in my column for last weekend that the Constitution’s Origination Clause (Art. I, Sec. 7) gives the House of Representatives primacy over spending as well as taxing. Matt claims that my interpretation is bereft of historical support, a defect I’m said to camouflage by an extravagant reading of an “at best . . . ambiguous” passage in Madison’s Federalist No. 58.
It is Matt’s history, though, that is incomplete. As Mark Steyn observes, there is a rich Anglo-American tradition of vesting authority over not merely taxing but also spending in the legislative body closest to the people. This tradition, stretching back nearly to the Magna Carta, inspired the Origination Clause. It also informed Madison, whose ruminations, besides being far from ambiguous on the House’s power of the purse, are entitled to great weight — not only because he was among the Constitution’s chief architects but also because his explication of the Framers’ design helped induce skeptics of centralized government and its tyrannical proclivities to adopt the Constitution.
Plainly, Matt is correct that the Origination Clause refers to “bills for raising revenue.” From the time it was debated at the Philadelphia convention, however, the concept at issue clearly referred to more than tax bills. It was about reposing in the people, through their most immediately accountable representatives, the power of the purse. Indeed, the term persistently used throughout the Framers’ debates was “money bills” — the phrase used by Elbridge Gerry, perhaps the principal advocate of the Origination Clause, when (as the debate records recount) he “moved to restrain the Senatorial branch from originating money bills. The other branch [i.e., the House] was more immediately the representatives of the people, and it was a maxim that the people ought to hold the purse-strings.”
Matt portrays my position as eccentric. Nevertheless, the belief that the Origination Clause conveys the House’s holding of the purse strings — i.e., that it refers to the output as well as the intake of government revenue — is hardly unique to me. The Heritage Foundation’s Guide to the Constitution, for example, notes that the clause was meant to be “consistent with the English requirement that money bills must commence in the House of Commons.” Traditionally, that requirement aggregated taxing with spending — the “power over the purse” — which the Framers sought to repose “with the legislative body closer to the people.”