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The Individual Mandate "Tax" Did Not Originate In The House
Vanity | 2012-06-29 | sourcery

Posted on 06/29/2012 2:53:03 PM PDT by sourcery

The Patient Protection and Affordable Care Act did not originate in the House. The bill that did originate in the House, the Affordable Health Care for America Act, did not contain any mandate fining (or "taxing," as the will now refer to it in Washington,) for failure to have health insurance.

That was Constitutionally acceptable during the period when fines for what someone has not done were still fines, and had not been converted into taxes by having the Supreme Court amend the Constitution sua sponte.

But as a tax, the mandate converts the Patient Protection and Affordable Care Act into a bill that raises revenue.

Article I, Section 7: All Bills for raising Revenue shall originate in the House of Representatives

That makes Patient Protection and Affordable Care Act Unconstitutional, because it's a bill that raises revenue that did not originate in the House.


TOPICS: Your Opinion/Questions
KEYWORDS: individualmandate; obamacare; revenuebill; tax; vanity
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To: hoosiermama
Recall one of my replies to you yesterday in answer to how we should proceed...

Klayman To Seek Indictment Of Justices Roberts and Kagan Before Citizens Grand Jury

You had inquired of the possibility of a lawsuit, and I replied suggesting the possibility of Horowitz or Judicial watch...

41 posted on 06/30/2012 4:54:38 AM PDT by bcsco
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To: conservatism_IS_compassion
The money goes to insurance companies

Who collects the "penalty" for no policy?

42 posted on 06/30/2012 4:58:30 AM PDT by ROCKLOBSTER (Celebrate Republicans Freed the Slaves Month.)
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To: savedbygrace
it only matters that the bill number originated in the House. They make the rules.

What about the "germaneness" of the amendment to the intent of the original bill. Isn't that a rule?

43 posted on 06/30/2012 5:03:32 AM PDT by ROCKLOBSTER (Celebrate Republicans Freed the Slaves Month.)
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To: ROCKLOBSTER

The IRS


44 posted on 06/30/2012 5:29:36 AM PDT by hoosiermama ( Obama: " born in Kenya.".. he's lying now or then?)
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To: hoosiermama; conservatism_IS_compassion
>>You still don’t get it, do you? It’s a “tax” that doesn’t raise revenue!

The money goes to insurance companies<<

_____________________________________________________

Who collects the "penalty" for no policy?

The IRS

_____________________________________________________

IT'S A TAX

45 posted on 06/30/2012 5:40:23 AM PDT by ROCKLOBSTER (Celebrate Republicans Freed the Slaves Month.)
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To: bcsco; hoosiermama

Thank you.

First, I tried doing my own research on this, and Google FAILed. So, I broadened my search and found the research had already been done.

When I first learned of the shell bill trick WRT ObamaCare back in 2009, I yelled at Reid through my computer screen. Didn’t work.


46 posted on 06/30/2012 5:52:47 AM PDT by savedbygrace (But God.)
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To: savedbygrace; hoosiermama

Out of curiosity, when you broadened your search, where did you go beyond Google? Did you use proprietary databases, or something available to the public?


47 posted on 06/30/2012 5:57:03 AM PDT by bcsco
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To: bcsco

IIRC, I just changed the search terms. I don’t recall the details. I’m not an accomplished searcher, but more like the blind squirrel. LOL.

The problem finding the info on this apparently stems from the fact that the original House bill was changed by replacing the text with the ObamaCare text. The original bill text is difficult to find, and that makes it seem like it was always the ObamaCare bill. Imagine that.


48 posted on 06/30/2012 6:07:58 AM PDT by savedbygrace (But God.)
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To: bcsco

BTW, at least for now, I’ve decided to pay the tax rather than buy ObamaCare insurance.

Oh, and Harry Reid never changes his underwear.


49 posted on 06/30/2012 6:10:14 AM PDT by savedbygrace (But God.)
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To: savedbygrace
Actually, I'd found the text of the original bill. Where I went astray is not knowing the prior history of court rulings. Also, tripped up by the statement that the original House bill "never became law". That, coupled with the fact the Senate essentially sent a new bill to the House for reconciliation, gave me the understanding that the legislation was improperly developed.
50 posted on 06/30/2012 6:19:17 AM PDT by bcsco
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To: bcsco

ah, i see.


51 posted on 06/30/2012 6:34:36 AM PDT by savedbygrace (But God.)
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To: savedbygrace; bcsco

Bottom line the 0 group uses fraud and deception to get what ever they want ala Alinsky IMO Roberts called them on it. Let’s see how it plays out.

Sis, BIL and their six kids and family all think his ruling is a blessing. They are in Michigan and folks are riled up! Yard sign are already going up in lawns were they have been empty in the past. Debbie Spend-it-Now is going down for one.


52 posted on 06/30/2012 8:59:12 AM PDT by hoosiermama ( Obama: " born in Kenya.".. he's lying now or then?)
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To: hoosiermama; savedbygrace

As I posted yesterday, there was consternation on Thursday at my Kiwanis breakfast meeting when the decision was announced. Few, if any, wanted or expected this legislation to be upheld. What you mention is uplifting. It’s up to us now to drive repeal through to fruition. Let’s get it done.


53 posted on 06/30/2012 9:24:52 AM PDT by bcsco
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To: ROCKLOBSTER

It’s a trap, trying to apply logic to a decision which “transcends” logic.


54 posted on 06/30/2012 11:15:27 AM PDT by conservatism_IS_compassion (The idea around which “liberalism" coheres is that NOTHING actually matters except PR.)
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To: conservatism_IS_compassion

If the IRS collects it...it’s a tax.


55 posted on 06/30/2012 11:39:04 AM PDT by ROCKLOBSTER (Celebrate Republicans Freed the Slaves Month.)
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To: bcsco

It’s called the “shell bill scam”

The bill that passed the Senate wasn’t technically a Senate bill. Reid took a bill that had already passed the House, stripped out the provisions to turn it into a “shell bill,” and then inserted the text of ObamaCare to get around this requirement. The bill that passed the Senate was H.R.3590, which initially had to do with tax breaks for military homeowners.

H.RES.1203
Latest Title: Providing for consideration of the Senate amendments to the bill (H.R. 3590) to amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the case of members of the Armed Forces and certain other Federal employees, and for other purposes, and providing for consideration of the bill (H.R. 4872) to provide for reconciliation pursuant to section 202 of the concurrent resolution on the budget for fiscal year 2010.

Sponsor: Rep Slaughter, Louise McIntosh [NY-28] (introduced 3/20/2010) Cosponsors (None)
Related Bills: H.R.3590, H.R.4872
Latest Major Action: 3/21/2010 Passed/agreed to in House. Status: On agreeing to the resolution Agreed to by the Yeas and Nays: 224 - 206 (Roll no. 163).
Latest Action: 3/21/2010 Motion to reconsider laid on the table Agreed to without objection.
House Reports: 111-448

It’s the old bait-and-switch fraud being used by the congresscritters!!!!!!!!!!!!!!!!!!!!!!!!!!


56 posted on 07/04/2012 5:50:09 PM PDT by Contumaci0us
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