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Did SCOTUS set up a new attack on ACA? Any tax must originate in House (vanity)

Posted on 06/28/2012 5:26:30 PM PDT by TigerClaws

Despite claims to the contrary, the SCOTUS has ruled the ACA imposes a "tax". With the SCOTUS ruling, this is ironclad.

What's also ironclad is that -per the Constitution- ALL taxation legislation MUST begin in the House. The ACA began in the Senate.

Since such a tax isn't really illegal until it's collected, the moment the IRS tries to do so someone will file against it.

quote: Article 1 Section 7 of the Constitution states "All bills for raising Revenue shall originate in the House of Representatives."

With that wording, the Mandate is definitely shot down but considering that it's just a part of the overall bill that introduced it, it's very conceivable that the whole bill will be struck down.

Thoughts?


TOPICS: Your Opinion/Questions
KEYWORDS: abortion; deathpanels; obamacare; zerocare
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1 posted on 06/28/2012 5:26:41 PM PDT by TigerClaws
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To: TigerClaws

Obamacare was passed first in the House. The Senate then voted to adopt the House version through Reconciliation, thereby allowing the Democrats to avoid a filibuster and cram it through the Senate with only 51 votes.


2 posted on 06/28/2012 5:30:06 PM PDT by Bubba_Leroy (The Obamanation Continues)
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To: Bubba_Leroy

I like this!


3 posted on 06/28/2012 5:31:43 PM PDT by Puckster
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To: TigerClaws

Wrong, tax bills now originate at the SCOTUS.


4 posted on 06/28/2012 5:32:14 PM PDT by jwalsh07 (.)
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To: TigerClaws

Any tax? such as this one which was passed by teh Democrat controlled house?


5 posted on 06/28/2012 5:33:08 PM PDT by e_castillo (Drill here drill now...)
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To: TigerClaws

Thoughts?

Yep. The Party’s over. Turn out the lights.


6 posted on 06/28/2012 5:34:37 PM PDT by xzins (Retired Army Chaplain and Proud of It! Those who truly support our troops pray for their victory!)
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To: Bubba_Leroy

Now all the R’s need is 51 to repeal it.


7 posted on 06/28/2012 5:35:53 PM PDT by Carry me back
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To: TigerClaws
I don't know about your specific legal argument here, but I've been wondering for months now if there is a whole new set of cases to come out in the Federal courts as different elements of ObamaCare are implemented.

Any argument related to taxation -- even if it doesn't involve this specific point -- is an example of this. There are some parts of it that can't legally be challenged yet because nobody has any legal standing to challenge them right now.

8 posted on 06/28/2012 5:36:50 PM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: TigerClaws

We can’t put the entire weight of our dysfunctional republic on John Roberts back. Even for as a weak vessel as Roberts I can’t blame him for taking a pass. But, wouldn’t be great if this little mustard seed of jurisprudence — the mandate is actually a tax — could grow into something powerful and redeeming.


9 posted on 06/28/2012 5:37:40 PM PDT by Calusa (The pump don't work cause the vandals took the handles. Quoth Bob Dylan.)
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To: Bubba_Leroy

Tomorrow, I plan to check your facts. My memory differs, though, and a few other codgers with me tonight remember this bill initializing in the Senate, although a tapdance was slapped together so that it appeared to be a House bill. The way you describe it was the way it was supposed to be handled.


10 posted on 06/28/2012 5:39:20 PM PDT by Resettozero
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To: Bubba_Leroy

I believe you have that backwards. The Senate bill became law, therefore the “tax” originated in the Senate not the House.


11 posted on 06/28/2012 5:41:30 PM PDT by callisto (Who is John Galt?)
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To: TigerClaws

What classification of tax can it be other than a penalty tax?


12 posted on 06/28/2012 5:42:18 PM PDT by tflabo (Truth or tyranny)
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To: Bubba_Leroy
Obamacare was passed first in the House. The Senate then voted to adopt the House version through Reconciliation, thereby allowing the Democrats to avoid a filibuster and cram it through the Senate with only 51 votes.

True. But that brings up another point: How can a regulatory agency (HHS) grant waivers to a "tax" imposed by Congress (to follow the SCOTUS interpretation)?

The exemptions require immediate challenge. Could the Dept. of Agriculture begin granting waivers to personal income tax? Could the EPA begin granting waivers to capital gains taxes? If the mandate is in fact a tax, how can a gov't agency grant waivers to said tax? Not even the IRS can do so - an act of Congress is required.

13 posted on 06/28/2012 5:42:36 PM PDT by RobertClark (Be prepared, be polite, be professional and have a plan to kill everyone you meet.)
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To: TigerClaws

The Senate gutted a bill passed by the house and inserted the language of ObamaCare.


14 posted on 06/28/2012 5:45:38 PM PDT by newzjunkey
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To: Alberta's Child
"Any argument related to taxation"

And this is the beauty of the proposition. Taxation authority is clearly spelled out in the Constitution. Congress, specifically the House, can no more delegate its authority in this area than either the Executive or SC in theirs.

Assume for the moment that the DHHS can continue to issue waivers, exemptions, etc. Then what is to stop any executive, at any level of government, from exercising the same discretion with regard to income taxes, property taxes, etc? Where does it stop?

It doesn't stop, which is why all federal tax laws must be passed by a legislative body representing a majority of the people. Sure, Congress has the power, but how are they going to wield it? Now that the cat's out of the bag, every exemption, every waiver, every rate increase, every kickback has to go through the House.

Are people beginning to realize the effect of moving Otax out of the back room, which enjoyed -0- oversight and 100% discretion under commerce clause provisions, and out into the broader debate?

15 posted on 06/28/2012 5:47:53 PM PDT by semantic
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To: RobertClark
I predict that this law will be so flagrantly and regularly violated -- or even circumvented through legal means -- that it will never be enforceable.

The more I read about this, the more I suspect Chief Justice Roberts basically looked at this heap of sh!t and tossed it back to the American people so they could do with it whatever they want -- either by pressuring their elected representatives to overturn it, or by ignoring it.

16 posted on 06/28/2012 5:47:57 PM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: callisto

Did this bill not go to conference committee for reconciliation? Game over...this is the bill.


17 posted on 06/28/2012 5:50:11 PM PDT by pointsal
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To: callisto; Bubba_Leroy; Resettozero

The constitutional requirement for revenue bills to originate in the house is a joke.’

This scam has existed for a long time.

The house can pass house bill 001 to rename a post office to honor Mickey Mouse.

The senate can delete all of the language in house bill 001 and insert revenue or taxing language in it’s place.

Since the bill “originated” in the house; then all is well.


18 posted on 06/28/2012 5:52:52 PM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: Repeal The 17th

Thanks for the info guys and gals.

Really the political solution is the ONLY solution.


19 posted on 06/28/2012 5:56:01 PM PDT by TigerClaws (He)
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To: Alberta's Child

In other words, he abdicated his reponsibility. Brave Justice, like sh**.


20 posted on 06/28/2012 5:56:34 PM PDT by onedoug
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