Posted on 08/11/2013 12:38:35 PM PDT by Jim Robinson
Joseph E. Schmitz' Perspective: The Chairman of the House Judiciary Subcommittee on the Constitution, Rep. Trent Franks of Arizona, and 19 House colleagues co-sponsored H.Res. 153 on April 12, “Expressing the sense of the House of Representatives that the Patient Protection and Affordable Care Act of 2009 violates article I, section 7, clause 1 of the United States Constitution because it was a ‘Bill for raising Revenue’ that did not originate in the House of Representatives.”
The Supreme Court has never before addressed an Origination Clause challenge that was so blatantly obvious. The only surprise is that no one raised it sooner.
In this case, there is no serious question that Obamacare originated in the Senate. And thanks to last year’s Supreme Court ruling, there is now no question that it is considered a tax. It’s irrelevant whether or not the Obama administration attempts to characterize the measure as an amendment to a House bill.
According to a March 15, 2011, Congressional research Service (CRS) report, “The Origination Clause of the U.S. Constitution: Interpretation and Enforcement," “The House’s primary method for enforcement of the Origination Clause is through a process known as ‘blue-slipping.’ Blue-slipping is the term applied to the act of returning to the Senate a measure that the House has determined violates its prerogatives as defined by the Origination Clause.”
One might ask why there was no “blue slip” in the House after Sen. Harry Reid introduced his 2,075-page self-described “Senate Health Care Bill,” which promptly morphed into an “amendment” to a six-page House bill unrelated to healthcare: “Service Members Home Ownership Tax Act of 2009,” which had passed the House by a vote of 416-0.
(Excerpt) Read more at newsmax.com ...
The Singlepayer liars didn’t care about the law before, why would they care now?
Who will win this round?
Maybe Roberts did stick it to Obie for blackmailing him and they’re just now figuring this out.
I thought his MO was never overturn Congressional legislation.
Exactly!
> Is Roberts that clever?
I thought his MO was never overturn Congressional legislation.
Nah just wishful thinking...
“...Affordable Care Act of 2009 violates article I, section 7, clause 1 of the United States Constitution because it was a ‘Bill for raising Revenue’ that did not originate in the House of Representatives.”
“... Origination Clause challenge that was so blatantly obvious. The only surprise is that no one raised it sooner.”
I’m surprised Mark Levin’s Landmark Legal Foundation didn’t. I know he’s talked about it numerous times on the show, but did they file a legal brief? Anyone remember?... Origination Clause challenge that was so blatantly obvious. The only surprise is that no one raised it sooner.
later
IIRC, this was covered way back when the Dems still held the House, just before this abomination was passed. Somebody pointed out that this revenue bill did not originate in the House, and Pelosi and Reid did a quick shuffle to make sure the bill did originate in the House.
Am I the only one who remembers this??
I’m remembering something like that as well. I was trying to find something on it but couldn’t.
I think it has something to do with the Senate bill going to conference with the HOR. But I can’t verify.
Also should be challenged is Obama’s unconstitutional changing the implementation date for the employer mandate and carving out an exemption for members of Congress. I doubt the GOP court eunuchs will do anything but kowtow.
Good catch; thanks.
You without a doubt a better researcher than I am!
I should have read your link before I posted.
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