Dr Hotze Petition | Conservative Republicans of Texas
Please SIGN Dr. Hotze's petition, that Sen. John Cornyn and Sen. Ted Cruz
have both endorsed, along with others in agreement the ACA is unconstitutional.
Good News: Dr. Hotze was found as having standing to sue, and these arguments made are highly favored as the strongest chances Constitutionally.
Bad News: Clinton-appointed Judge ruled ACA constitutional.
Good News: Appeals in 5th Circuit is before the most conservative court;
and you can join in signing the petition to educate the public on these corrections.
Note: Dr. Hotze interview on the radio explained (1) the Origination Clause requires tax revenue bills to start in the House.
http://www.heritage.org/constitution/#!/articles/1/essays/30/origination-clause
This isn't just a technical argument; but issue of representation checks and balances by the people:
"Consistent with the English requirement that money bills must commence in the House of Commons, the Framers expected that the Origination Clause would ensure that "power over the purse" would lie with the legislative body closer to the people. Under the Articles of Confederation, the national government could not tax individuals, and the clause was one of several provisions meant to cabin the national revenue power created under the Constitution. The clause was also part of a critical compromise between large and small states, helping to temper the large states' unhappiness with equal representation in the Senate by leaving the power to initiate tax bills with the House of Representatives, where the large states had greater influence."
(2) the 5th Amendment argument is against federal govt MANDATING business to business interaction, between the employer and insurance company.
He explained on air that there is legal precedence backing up this argument that the federal govt cannot MANDATE this, so it must remain optional/voluntary.
(3) He explains below that these two points were NOT previously argued before the Supreme Court ruling. And they have the best chances of stopping the unconstitutional mandates.
Please SIGN Dr. Hotze's petition, that Sen. John Cornyn and Sen. Ted Cruz
have both endorsed, along with others in agreement the ACA is unconstitutional.
Good News: Dr. Hotze was found as having standing to sue, and these arguments made are highly favored as the strongest chances Constitutionally.
Bad News: Clinton-appointed Judge ruled ACA constitutional.
Good News: Appeals in 5th Circuit is before the most conservative court;
and you can join in signing the petition to educate the public on these corrections.
Note: Dr. Hotze interview on the radio explained (1) the Origination Clause requires tax revenue bills to start in the House.
http://www.heritage.org/constitution/#!/articles/1/essays/30/origination-clause
This isn't just a technical argument; but issue of representation checks and balances by the people:
"Consistent with the English requirement that money bills must commence in the House of Commons, the Framers expected that the Origination Clause would ensure that "power over the purse" would lie with the legislative body closer to the people. Under the Articles of Confederation, the national government could not tax individuals, and the clause was one of several provisions meant to cabin the national revenue power created under the Constitution. The clause was also part of a critical compromise between large and small states, helping to temper the large states' unhappiness with equal representation in the Senate by leaving the power to initiate tax bills with the House of Representatives, where the large states had greater influence."
(2) the 5th Amendment argument is against federal govt MANDATING business to business interaction, between the employer and insurance company.
He explained on air that there is legal precedence backing up this argument that the federal govt cannot MANDATE this, so it must remain optional/voluntary.
(3) He explains below that these two points were NOT previously argued before the Supreme Court ruling. And they have the best chances of stopping the unconstitutional mandates.
Dr. Hotze said:Here is the good news. I filed a federal lawsuit in Houston, Hotze v. Sebelius, on May 7, 2013 to overturn ObamaCare on the grounds that it 1) violates the Origination Clause, Article 1, Section 7 of the U.S. Constitution, and 2) it violates the Taking Clause of the 5th Amendment of the U.S. Constitution. Neither issue was adjudicated in the National Federation of Independent Business v. Sebelius lawsuit. This was the lawsuit in which the U.S. Supreme Court initially upheld ObamaCare by a vote of 5 to 4.
On January 10, 2014 Federal District Judge, Nancy Atlas, resolved all of the procedural issues in my favor, specifically that I had legal standing. She then ruled that ObamaCare was constitutional. This was no surprise since Judge Atlas was a Clinton appointee.
Immediately, my attorney, Andrew Schlafly, appealed the decision to the U.S. Fifth Circuit Court of Appeals in New Orleans. The Fifth Circuit Court is by far and away the most conservative of the 13 federal circuit courts.
Of the nearly 100 lawsuits that have been filed against ObamaCare, my lawsuit has been ranked #1 ... This is our best chance to stop Obamacare and I need your help.
Please sign the Petition Supporting My Lawsuit to Stop Obamacare [see link to website above].
The way has now been cleared for the Fifth Circuit to rule on the merits of my lawsuit against ObamaCare. The Fifth Circuit will hear and decide, de novo (a new trial), my two constitutional challenges to ObamaCare which are based on the Origination Clause and the Fifth Amendment Takings Clause in Hotze v. Sebelius, Docket No. 14-20039 (5th Cir.). Legal briefings will be presented to the Fifth Circuit, including amicus briefs, by the end of March. Amicus means friend in Latin. An amicus brief is a separate written legal argument made by a friend of the lawsuit.
Senator John Cornyn is drafting an amicus brief in support of my lawsuit that he and Congressman Pete Sessions, Chairman of the House Rules Committee, will circulate among Republican congressmen and senators for endorsing signatures. Another amicus brief will be circulated among Republican attorney generals from across the country.
This case will be the first time that the conservative Fifth Circuit has ruled on the constitutionality of ObamaCare. The Court will be able to invalidate all of ObamaCare on any basis or it may invalidate essential parts of ObamaCare in order to render it inoperative as a practical matter. For example, the Fifth Circuit could easily declare the individual and employer mandates to be voluntary rather than enforceable by mandatory penalties. If this were to be the Fifth Circuit’s decision, then ObamaCare would collapse.
The Fifth Circuit is the only court that chastised Obama for his arrogant comments about this Obamacare. The Fifth Circuit even ordered the Department of Justice to explain Obama’s comments.
Do you agree that getting rid of ObamaCare is the #1 political issue in 2014? If you do, then you understand why my lawsuit against ObamaCare is so important and so timely.
Here is the projected timetable. The legal briefs are due by the end March. Oral hearings before a three judge panel from the Fifth Circuit should occur before June 1st. The final decision of the Fifth Circuit should be made by September of this year.
Please sign the Petition Supporting My Lawsuit to Stop Obamacare [see links at http://www.crtpac.com]. This is our best chance to defeat Obamacare and I need your help.
....
Please send this letter and petition to your distribution list.
Confident of victory, I remain, as always,
Sincerely yours for Constitutional liberty,
[Signed Dr. Hotze, CRT]
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