Posted on 05/03/2014 3:01:05 PM PDT by Hotlanta Mike
Two years ago, when the Supreme Court declared Obamacare's penalty to be a tax, it doomed the healthcare reform act as an "unconstitutional violation of the origination clause," columnist George Will says.
This Thursday, the Washington, D.C., Court of Appeals, the nation's second-most important court, will hear arguments on whether the Affordable Care Act adheres to the Constitution's "origination clause," which declare that "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," Will writes in his column in The Washington Post Saturday.
Will points out that the Democrat-controlled Senate passed Obamacare on a party-line vote "without a Democratic vote to spare, after a series of unsavory transactions that purchased the assent of several shrewdly extortionate Democrats.
Thursday's arguments, said Will, will show that the act was "indisputably a revenue measure" that did not originate in the House, which later passed the House on yet another party-line vote.
(Excerpt) Read more at newsmax.com ...
Obamacare’s employer mandate violates the takings clause of the Fifth Amendment. It bars the federal government from requiring citizens to transfer their “wealth directly to others without a ‘public use.
http://www.newsmax.com/Newsfront/texas-doctor-sues-obamacare/2013/07/11/id/514678/
The Supreme Court is the U.S. federal government ruling on actions of the U.S. federal government.
History may end up being very kind to Roberts.
If what you say is true, then the Democrats would be able to publically state “The Constitution has been rendered meaningless.”
If they were to make this statement, they would lose everything. This tells us the Constitution is still very powerful.
What is it that makes the ACA so invincible?
The letter of the law?
Political persuasiveness?
I’d like to know what is the substance that holds the thing together.
What is there to lose?
Obamacare is just words on paper.
Traitor!
So why is it still standing? Some provisions were ruled unconstitutional weren't they? The whole bill SHOULD be smoldering in ruins already, but it's being enforced illegally.
The Senate bill has to be on substantially the same topic. This is a paraphrase. Gutting the Veterans bill, changing the name and totally changing the topic does not meet that test.
It is really hard to say what was going through the Chief Justice’s mind, but if it was: Let the country see how much pain the democrats have inflicted on the country and we will strike it down later; then he was brilliant or very lucky. Given the timing of when it would likely reach the Supreme Court and the unpopularity of the law at that time, I give it an 80% chance of being struck down. I give it a 65% chance of being struck down in the DC court.
Just tell us, George, who has standing to challenge it before the Supreme Court successfully?
The People certainly don't seem to!
The Supreme Court could find that severability was implied.
Reid’s nuclear madness was precisely for packing the DC court to shoot this issue down. I predict the DC Court of Appeals will rule in Obamacare’s favor.
Changing or amending a tax related bill that originated in the House is allowed by the Senate. The fact that Pelosi’s House ‘deemed it passed’ when it came back means the House was in agreement. A federal court saying otherwise risks characterizing the judiciary as micromanaging legislative processes. I just don’t think there is hope with this argument approach but I would love to be wrong.
The depth and cunning of the trickery by the democrats is astounding. They knew they could not originate Obamacare in the House as a tax measure. They handed it to the Senate as an innocuous tax bill knowing it would come back as Obamacare, and then deemed it passed.
The American people are against Obamacare en masse. The best way to rid the country of it is to repeal it. To do that people will be compelled to look at the only force that leads on repealing it, the Tea Party Conservatives.
The Bill Number did. Nothing else.
That is fraud writ large in any other case.
It's like taking a Lamborghini "shell" and putting the guts of a Lada under it, and calling it a luxury Sports car.
How that transparent legal fraud originated I have never seen satisfactorily explained.
Faith in the system, faith in justice.
There’s a horrible feeling when some diabolical force robs someone and the dirty deed is protected by nuance of law.
People’s hopes are trained on justice but it is greatly nuanced and in my opinion is doomed. This leads to demoralization.
The thing to do is to support Tea Party conservatives in repealing this awful act thrown down on Americans.
As Ted Cruz described, Obama’s democrats broke and smashed a lot of windows, and now claim that orders for windows exceed targeted numbers. The judicial system will not repair all the damage nor will it involve itself in stopping further damage. The only force that can stop further damage and begin repair of existing damage is the force of Americans voting.
That bill number is enough of an opening for the supremes to leave it be 5-4
The real question: in the face of these shenanigans, is the origination clause a dead letter. I believe SCOTUS will say it is.
Well done! Great merging of image and text! Thanks!
After which a buyer (the House of Representatives), fully aware of the new contents, buys the car.
The American people decided they wanted Communists to run the country and now we are paying for it.
As does the unmolested Bill of Rights.
Without the Bill of Rights, no Constitution, as we know it, was possible.
That reminds me of the abject idiots who propose modifying the Bill of Rights in any way. It is a list of assertions and self-evident assumptions and confirmations from which the Republic and its structure followed.
No more, no less. In its entirety.
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