Posted on 06/28/2012 11:39:22 PM PDT by MacMattico
Eric Cantor has scheduled a "repeal Obamacare" vote for July 11th. Because the mandate was defined as a tax, can the House simply repeal the tax, as they have the power of taxation?
Would this effectively cancel the mandate, causing the bill to implode on itself?
US Constitution, Article I, Section 7:
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.
Since the bill originated in the Senate (didn't it?), it is unconstitutional by virtue of the above clause.
The House could do it if they were sure-footed enough but the sad fact is that they aren’t. They are hapless and hopeless. I wish I could think differently but I’ve watched them too long. A few negative comments from the MSM and they’ll fold like a house of pancakes.
The House could do it if they were sure-footed enough but the sad fact is that they aren’t. They are hapless and hopeless. I wish I could think differently but I’ve watched them too long. A few negative comments from the MSM and they’ll fold like a house of pancakes.
Agreed, but that didn’t seem to be what he was asking.
Huh?
The more interesting question, given how this nightmare was rushed through Congress, is in which house of Congress did the mandated provision arise? If it arose in the Senate, it could again be considered unconstitutional. Remember at the time this POS was being foisted on the American people Democrats were in the no-tax spin mode,
No. Not true. According to numerous government websites, Rep. Charles Rangel along with 40 co sponsors introduced the bill 9/17/2009
And the more I think about this, with Abomination arguing strongly that this was NOT a tax, the more I believe
he knew the weakness, in this bill if sold as a tax, (could be repealed) and
he was stretching for the power grab under his oral arguments in front of the SCOTUS which he lost
Agreed!
You are probably correct, but beyond that, who gets all the money?
The vulnerable senators won't have to do any such thing. Reid will never bring it up for a vote.
Yes, I reluctantly agree.
I’m not so sure it would die in the senate, now that it’s a tax. But, would it even get to the senate? Doesn’t Harry control what gets voted on and what doesn’t?
Yes, they just came off of an election and they were banking on the fact that they would have plenty of time to pander to their constituents back home to forgive them before the '10 elections rolled back around.
Libs LOVE tax increases! Any shape and form.
He would never allow his fellow democrats who are up for re election this year to vote on this issue now
For this to repealed requires a full Republican sweep this November
Apparently not according to Hot Air's post about this. See Say, doesn’t the Constitution require tax bills to originate in the House?
SNIP..."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. And yes, they’ve used the “shell bill” strategy before. In fact, the conservative opinion today specifically mentioned Article I, section 7 at one point while raising no objection to Reid’s sleight of hand.."
SNIP...The silver lining here procedurally is that, now that the mandate’s officially a “tax,” it falls squarely within the parameters of budgetary matters than can be dealt with in the Senate via reconciliation. That means the GOP will only need 51 votes to get rid of it, not 60.
Listen to the Mark Levin show from last night
He painstakingly dissectd the Roberts opinion, as best as an illogical rambling unconsititutional argument can be dissected
It’s only a tax because the USSC said it was a tax, Congress never said it was a tax
Catch-22
For purposes of redress against an unconstitutional tax, citizens have no recourse because...it is not a tax
Even if Congress “repeals” the stature, the US Constitution has now been dinged by Roberts- maybe heavily damaged
There is nothing to rejoice about here
one of the rules of judicial interpretation is that the statute in question is presumed to be lawful/constitutional
invalidating a statute is a court’s last option
not saying I agree, but that’s the ground truth
They can try but Reid will simply not allow it to come to a vote so those vulnerable senators are protected.
If they are serious, they can attach various methods of repeal to every piece of legislation that leaves the house...
They may have to vote on it again, this time starting in the House and then going to the Senate, before the tax takes effect.
I hate to say it, but electing Romney is our only hope. (and a majority in the Senate and House). I think it has become more possible after yesterday.
Romney needs an ad showing Obama’s “forward”. Higher taxes, healthcare rationing, higher taxes, higher taxes, unemployment soaring, businesses closing...
Link him to the HIGHEST TAX IN HISTORY. and show him LYING about it not being a tax.
Be graphic, show granny being denied medication or surgery because she’s too old. Show Barry giving her a blue pill.
They push granny over the cliff, show Sebelius pushing granny over the cliff. Fight fire with fire. And start NOW.
He’s get to get aggressively creative. This the life or death of our country.
When we have control, we’ve got to start Amending the constitution to limit the size and scope of the federal government. GOT TO.
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