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Constitutional Questions about Lieberman-Warner

Ranging a bit afield, we still feel the need to pose several questions about Lieberman-Warner, the climate change bill that establishes a cap-and-trade system to control emissions of greenhouse gases, most prominently carbon dioxide. Clearly, S. 3036, the Climate Security Act, does raise revenue. (Specifically: Title IV, Auctions and Uses of Auction Proceeds.)

Well, then, how is it that the legislation has been introduced in the Senate and is being debated there? How is it that the Senate is getting around the clear provisions of the U.S. Constitution?

U.S. Constitution, Article I, Section 7. 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.

From an earlier post at Shopfloor.org.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.