Skip to comments.The Individual Mandate "Tax" Did Not Originate In The House
Posted on 06/29/2012 2:53:03 PM PDT by sourcery
The Patient Protection and Affordable Care Act did not originate in the House. The bill that did originate in the House, the Affordable Health Care for America Act, did not contain any mandate fining (or "taxing," as the will now refer to it in Washington,) for failure to have health insurance.
That was Constitutionally acceptable during the period when fines for what someone has not done were still fines, and had not been converted into taxes by having the Supreme Court amend the Constitution sua sponte.
But as a tax, the mandate converts the Patient Protection and Affordable Care Act into a bill that raises revenue.
Article I, Section 7: All Bills for raising Revenue shall originate in the House of Representatives
That makes Patient Protection and Affordable Care Act Unconstitutional, because it's a bill that raises revenue that did not originate in the House.
Okay, assuming this has substance and basis in law, what are our gutless elected officials/representatives going to do about it??
Keep hiding under their desks while a lawless anti-American administration keeps destroying American individual soverignty and everthing else that makes America great?
The money goes to insurance companies . . .
The money goes to insurance companies . . .
So can the bill be declared null and void for failure to follow proper procedure?
NO, the Supreme Court has ruled it is constitutional.
Are the exemptions that have been given legal?
Only Congress can tax, and only Congress can declare exemptions.
Once SEIU realizes they are no longer exempt, they will not be for this just like the rest of us.
Didn’t you get the memo that came with the opinion?
The old Constitution is over. Done. Dead. A joke. A piece of worthless paper that’s strictly for conservative saps.
The new Constitution is whatever we say it is.
Wrong. Reid took a House bill that had no chance of passing in the Senate, lopped off all of the actual text in that House-originated bill, added all of the ObamaCare text and passed it.
Thus, technically, the ObabaCare bill, at least the HR bill number, originated in the House.
It is a corrupt way to do it, but that, in a very small nutshell, is Harry Reid.
I’d like to see the thoughts of my favorite FR lawyer on this one.
The Supreme Court did not rule on the issue of whether or not the Act is Unconstitutional because it did not originate in the House. That issue was not before the Court, nor did yesterday's opinion address it.
The penalty (or “tax” as Roberts re-wrote it) goes to the IRS and Department of the Treasury.
In other words, I am completely correct. The bill that originated in the House raised no revenue. Case closed.
Bcsco posted the history and the bill numbers earlier today. The house bill was voted down. Then the Senate produced their own bill with a different number. It was not reconcilled but forced through the House with the midnight vote.
All the extralegal shenanigans by the Obother administration and his Rat myrmidons could fill a book.
It shouldn’t matter that the bill came from the House. The question is where did the penalty come from.
Perhaps a lawsuit should be filed. Perhaps Roberts missed this in his zeal to uphold the law.
We need to find the rules both houses to see what that procedure might be....or if there is precedence.
So, you just think they asked the wrong question?
Please, take the tin foil hat off.
Roberts said, We are not going to save you from your stupid political mistakes, you figure that out.
We get the government we deserve, collectively!
If the Court missed the fact that this “tax” did not properly originate in the House, it is going to have to address this in another opinion to maintain any credibility as constitutional arbiter.
The House bill was used as a shell bill, and the text was added in the Senate. It doesn’t matter to these corrupt jokers what the text of the bill was when the House passed it.
They’ve done this shell bill trick before. Your POV is not a winner.
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