If it is a tax, then shouldn’t the bill have originated in the House of Representatives and not the Senate? Shouldn’t that have rendered it unconstitutional due to process if not content?
Another excellent point.
Basically, what happened was that the Senate took an unrelated bill that originated in the house, “amended” it so that the original language was removed and replaced with the text of the Obamacare bill, and passed that bill. So, technically, the bill did originate in the house. It’s a parliamentary trick the Senate uses from time to time.
Unfortunately...and very few people know this...the bill DID originate in the House, TECHNICALLY.
In substance, it ended up as a bill that had in it what Harry Reid wanted it to have, in the Senate, then it went to the House...the reverse of what a tax bill is supposed to do.
However, Reid pulled a technical trick.
He took a bill that came to him from the House, which wasn’t even about healthcare, and literally kept the NUMBER of the law, then added the Senate NUMBER, which is routine, then stripped out the words in the bill and substituted the words of his version of Obamacare.
Yes, apparently this is a legal loophole.
It is totally deceitful and wrong, but apparently Reid could do that. THe Democrats get away with this kind of stuff all the time. Most of the public never knew it happened. Even you did not, and you care about this.
THerefore, the law has been treated as a legitimate law and would be so even if described as a tax, because of the trick Reid pulled by using a vehicle, a piece of paper passed from the House, with a number on it, to make it a Senate bill with a number, and claiming it originated in the house even though every word was obliterated and Obamacare was substituted.
Yes, but it didn't thanks to John Roberts and his act of what Sowell rightly called 'judicial betrayal'.
Congress can now tax or regulate anything it chooses. SCOTUS was supposed to serve as a check on such things. I'm not sure a lot of folks are getting just how bad this decision screwed the country.