October 5, 2013 4:00 AM
Obamacare’s Unconstitutional Origins
Tax legislation has to originate in the House; the health-care law didn’t.
By Andrew C. McCarthy
http://www.nationalreview.com/node/360460/print
The courts are not our friend, Sir; best to wake up and smell the coffee.
Methinks George’s day has come and gone.
I would like to think that all that George Will says is true but I don’t think it has any juice behind it. George Will is not by any stretch the first to bring this up. This subject has been brought up on FR several times since the SCOTUS ruled ACA was Constitutional as a tax.
Where the origination clause argument breaks down is the dems who controlled the House in 2009 passed a bill that was aimed at providing veteran homeowners tax relief, then the Senate gutted it and inserted ACA into it. Then it was sent back to the House conference where Pelosi ‘deemed it passed’.
In other words a bill involving tax relief or taxes originated in the House, was changed by the Senate and accepted and passed by the House.
So there is no there there.
The case will not go anywhere.
The only way to get rid of Obamacare is to repeal it. And the way to do that is to take the Senate in 2014 with true conservatives and then take the White House in 2016 with a true conservative. This is why the internecine struggle between establishment republicans and Tea Party conservatives is so important because it determines if the USA will be full blown socialist in its future or not.
Origination clause arguments like nullification arguments are distractions and lead nowhere.
The big test will be the right of families who have lost loved ones to 0bamacare to sue the government . . . that alone could reach into the billions on damages alone.
The law is basically what a judge says it is.
Not to worry, John Roberts will save the day with a ruling diametrically opposed to the previous one.
if I remember correctly.
this was satisfied by...
at the last minute,
the Senate passed without changes,
something from the House
(remember that Senator Brown
was about to be seated)
ObamaCare should have been killed over severability when part of that monstrosity was found unconstitutional. ObamaCare should have been doomed under Enumerated Powers. ObamaCare should have been doomed under the First Amendment when it was used to attempt to compel Hobby Lobby, Catholic nuns, and many others to violate deeply held religious values to further a trivial government interest that is so obviously harmful that people must be forced to follow the destructive mandates in the law. ObamaCare should also be killed over origination, since the thugs used a ruse in which a House tax bill was replaced in its entirety with an unrelated Senate bill.
Our freedom is in the hands of Chief Justice Roberts. It’s time to pray.
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.
Just tell us, George, who has standing to challenge it before the Supreme Court successfully?
The People certainly don't seem to!
The real question: in the face of these shenanigans, is the origination clause a dead letter. I believe SCOTUS will say it is.
bkmk
\A Harry Reid smack down. This low life stripped gutted replaced the contents of a bill with Unaffordable Kare act
Not a prayer. The SCOTUS will look like 9 people playing Twister to make sure the law doesn’t get overturned.
BOOKMARK