Senate Republicans pass tax bill and why it proves we don’t know our Constitution

For the last few weeks the media has been in a frenzy discussing the proposed tax reform bill moving its way through Congress.  The Senate has worked long days lasting late into the next morning to pass a bill which should be, if we had even a basic understanding of our Constitution, a complete waste of time.

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.

U.S. Constitution Article I, Section 7

The constitutional problem is a matter of origin.  Since this bill deals specifically with raising revenue, the ONLY place it can constitutionally originate is the House.  Therefore any tax reform bill which originates in the Senate is unconstitutional.  The Senate can offer amendments to the House’s bill, but from what I’ve read so far this seems to be a bill created by the Senate, meaning it IS unconstitutional.  There has been sometimes heated discussion about budget reconciliation and filibusters, with all the machinations and back-door deals to put together this bill in a way so it will pass the Senate.  How much real work could have been done if the Senate had spent this time on what it’s constitutionally required to do rather than what should have been recognized as an illegal waste of time from the beginning? This morning talking-heads were discussing what might happen in a conference committee, a process where related bills that are passed in both the House and Senate but with different language are reconciled.  This is another waste of time since according to the Constitution the Senate cannot create revenue bills, only amend them.

Why make such a fuss about where the bill originated?  Because it’s a perfect example of three things that concern me about Washington and should concern you:

1. A general disregard for the Constitution.  It seems any time the Constitution gets in the way, people in Washington either ignore it or twist its words beyond all recognition.  I was talking to someone a couple of weeks ago who said we don’t have a Constitution anymore.  While I understand his sentiment, the truth is we have a Constitution that everyone, including we the people, just ignore except when it supports our position.
2. A general ignorance about the Constitution.  Of all the reports, editorials, and public discussion about the Senate tax bill I’ve heard, no one but me-and I am not exaggerating-has even asked if the bill was constitutional.  We know so little about our Constitution that even the basic idea that ALL bills for raising revenue SHALL originate in the House doesn’t even get raised.
3. A general unwillingness to hold our representatives accountable to their oath to uphold the Constitution.  You want to know why Washington is a political swamp?  It’s because we’ve trained our politicians that they can ignore the law and the Constitution as long as we get what we want, usually taxpayer money of one sort or another.

“The preservation of the sacred fire of liberty . . is finally staked, on the experiment entrusted to the hands of the American People.”

– George Washington

We have been entrusted with the preservation of the sacred fire of liberty and we are failing!  Unless we take our responsibilities seriously and hold ALL of our elected officials accountable, regardless of party, promise, or prominence, we will watch that sacred fire dim.  And when it finally goes out and we point fingers, as we most surely will, the fault will be ours, the American people.