Publius1787
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- Jan 11, 2011
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Obamacare in the Courts: Round II
If you can remember correctly, Obamacare was upheld by 5-4 on the congressional ability to tax, despite Congress having said that the Individual Mandate was a penalty. It failed on commerce grounds because it forced people into commerce as opposed regulating existing commerce. Nevertheless, we find ourselves in round 2. Why?
The U.S. Constitution says that all bills raising revenue must originate in the House of Representatives. Now that it is legally settled that the Individual Mandate is a tax, Pacific Legal Foundation rightfully observed that the tax originated in the Senate, not the House, was deemed passed by the house (in the Senate), and sent to the President’s desk without the House having voted on it. While the government correctly points out that deem and pass has been upheld in the courts before among other shell bills, never has it been upheld with respect to raising revenue, of which, is the constitutional role of the House. How weak is the governments argument on that? Well, they are claiming that the taxes in Obamacare were not meant to raise revenue. Indeed, is there a such thing as a tax that doesen't raise revenue? See more HERE
H.R.3590 from: The Service Members Home Ownership Tax Act of 2009 (Placed on Calendar Senate - PCS) To the: Patient Protection and Affordable Care Act (Enrolled Bill [Final as Passed Both House and Senate] - ENR)
Here is how Obamacare looked when it passed the House: http://thomas.loc.gov/cgi-bin/query/D?c111:3:./temp/~c111o8o8CX::
Here is how Obamacare looked when it passed the Senate: http://thomas.loc.gov/cgi-bin/query/D?c111:7:./temp/~c111xyr2t2::
Here is the history of the bill throughout: http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3590:
The new case that could end Obamacare >>> Sissel v. United States Department of Health & Human Services
If you can remember correctly, Obamacare was upheld by 5-4 on the congressional ability to tax, despite Congress having said that the Individual Mandate was a penalty. It failed on commerce grounds because it forced people into commerce as opposed regulating existing commerce. Nevertheless, we find ourselves in round 2. Why?
The U.S. Constitution says that all bills raising revenue must originate in the House of Representatives. Now that it is legally settled that the Individual Mandate is a tax, Pacific Legal Foundation rightfully observed that the tax originated in the Senate, not the House, was deemed passed by the house (in the Senate), and sent to the President’s desk without the House having voted on it. While the government correctly points out that deem and pass has been upheld in the courts before among other shell bills, never has it been upheld with respect to raising revenue, of which, is the constitutional role of the House. How weak is the governments argument on that? Well, they are claiming that the taxes in Obamacare were not meant to raise revenue. Indeed, is there a such thing as a tax that doesen't raise revenue? See more HERE
H.R.3590 from: The Service Members Home Ownership Tax Act of 2009 (Placed on Calendar Senate - PCS) To the: Patient Protection and Affordable Care Act (Enrolled Bill [Final as Passed Both House and Senate] - ENR)
Here is how Obamacare looked when it passed the House: http://thomas.loc.gov/cgi-bin/query/D?c111:3:./temp/~c111o8o8CX::
Here is how Obamacare looked when it passed the Senate: http://thomas.loc.gov/cgi-bin/query/D?c111:7:./temp/~c111xyr2t2::
Here is the history of the bill throughout: http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3590:
The new case that could end Obamacare >>> Sissel v. United States Department of Health & Human Services
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