Constitutional Scholars AlertL
The Providence Journal explains what happened:
(Quote)In part, it has to do with the U.S. Constitution. Article 7, Section 1 says tax bills must originate in the House of Representatives.
In order to improve chances that the bailout bill, which the House defeated on Monday, would be approved this time around, the Senate tacked on several popular provisions, such as extending the life of business tax cuts that were set to expire and changing the alternative minimum tax, a much-loathed part of the tax code intended to ensure that the well-to-do pay their fair share but that in recent years has increasingly affected the middle class.
And an element of the tax package was legislation advanced by [Rhode Island’s Rep. Patrick] Kennedy that requires health-insurance companies to offer coverage of mental illness on a par with that of physical illness.
Once the Senate added those provisions to the rescue bill, it qualified as a tax bill, which the upper chamber is constitutionally prohibited from originating.
In order to get around the Constitution, the leaders turned to the time-honored stratagem of finding a live but dormant House bill–Kennedy’s mental-health parity bill–to use as a shell.
“They take out the entire text” of Kennedy’s old bill, “and then, by amendment, they substitute the other bill,” said Don Ritchie, an assistant Senate historian.(UNQUOTE)
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