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Obamacare’s Unconstitutional Origins - Tax legislation has to originate in the House; the health...
National Review Online ^ | October 5, 2013 | Andrew McCarthy

Posted on 10/05/2013 12:05:42 PM PDT by neverdem

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1 posted on 10/05/2013 12:05:43 PM PDT by neverdem
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To: neverdem

Exactly!


2 posted on 10/05/2013 12:07:45 PM PDT by Errant
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To: neverdem

Yep. It was illegal from the get-go.


3 posted on 10/05/2013 12:09:30 PM PDT by Carry_Okie (ZeroCare: Make them pay; do not delay.)
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To: Errant

Zero never let that pesky constitution stand in his way...why start ow?


4 posted on 10/05/2013 12:10:43 PM PDT by lilypad
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To: neverdem

While this may be true, it seems that most continue to miss the main point.

There is no Enumerated Power in the Constitution that allows the national government to be involved in programs to meet the health care needs of individual Americans.

“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.”

- James Madison, father of the U.S. Constitution


5 posted on 10/05/2013 12:15:33 PM PDT by EternalVigilance
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To: lilypad

Remember a few years ago in central america when some other 3rd world despot refused to leave office and the Congress moved to have the army remove him? Do you recall what government supported the despot saying the Congress there overstepped its bounds, of course the sheer hypocracy of not mentioning the despot’s refusal to leave office notwithstanding? None other then the tin pot petty dictator we have now. In fact, tin pot is too kind for him pisspot fits the bill better.


6 posted on 10/05/2013 12:18:49 PM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: neverdem

Great summary! The law that Obama changed is not the exact same law the SCOTUS created, and, the President cannot single-handedly change a law after it was passed, signed and reviewed by the SCOTUS. The whole mess is unconstitutional. This article needs to go viral.


7 posted on 10/05/2013 12:41:31 PM PDT by SERKIT ("Blazing Saddles" explains it all.......)
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To: neverdem

Finally! Obamacare, if a tax, is unconstitutional!


8 posted on 10/05/2013 12:49:38 PM PDT by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
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To: EternalVigilance

That is also true!


9 posted on 10/05/2013 12:50:28 PM PDT by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
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To: neverdem

“Tax legislation has to originate in the House; the health-care law didn’t.”

Before it was signed it was carefully stated to NOT be a tax. Only when the SC ruled did it become a tax.


10 posted on 10/05/2013 12:50:42 PM PDT by TexasGator
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To: TexasGator
Only when the SC ruled did it become a tax.

If the Supreme Court "ruled" that up was down, and down was up, up would remain up, and down would remain down.

We've got to get over the false notion that the Supreme Court rules us. They are "supreme" only over the lower courts, not over the other branches of government, and most certainly not over the Constitution, the support of which every officer of government in this country is required to swear a sacred oath.

11 posted on 10/05/2013 1:01:55 PM PDT by EternalVigilance
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To: neverdem

ping for later


12 posted on 10/05/2013 1:06:25 PM PDT by Dusty Road
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To: neverdem

Excellent argument. BUT, why so long after the fact and not until America has been brought to her knees is this finally being brought to the front?

AND, it seems to me that this could and SHOULD have been a republican battle cry, shouted every day from day one.


13 posted on 10/05/2013 1:08:39 PM PDT by Gator113 (The mighty Bear ate the cowardly rat. Obama must resign.)
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To: neverdem
 photo LOWERLIFEFORMS2_zps21d73126.jpg

14 posted on 10/05/2013 1:30:56 PM PDT by Dick Bachert (Ignorance is not bliss. It is the road to serfdom.)
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To: wardaddy; Joe Brower; Cannoneer No. 4; Criminal Number 18F; Dan from Michigan; Eaker; Jeff Head; ...
Shutdown Simulacrum: Just because it’s a phony crisis doesn’t mean it can’t be made even phonier. Mark Steyn

The Politics of the Government Shutdown

The Budget Fight and Obama’s Vindictive Streak (Jonah Goldberg)

‘Grotesque’ DOJ Misconduct: The Holder DOJ stopped at nothing to convict five New Orleans police officers.

Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.

15 posted on 10/05/2013 1:31:11 PM PDT by neverdem (Register pressure cookers! /s)
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To: neverdem

You are 100% correct. It’s unconstitutional, and should be struck down.

Unfortunately, the Supremes decided to make it constitutional, and here we sit. The bums who want a free ride, and take the RAT buses in to vote - won.

The so-called Conservatives and RINOs who were too lazy to vote, stabbed us all in the back. Simply stated, there are more of US than there are of THEM.

But, based upon the voter roles, most of US are too #$%@& lazy to get off our collective asses and to the polls to cast our vote. I suspect we are among the minority of conservatives to did vote.


16 posted on 10/05/2013 1:31:52 PM PDT by Hodar (A man can fail many times, but he isn't a failure until he begins to blame somebody else.- Burroughs)
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To: neverdem

I thought that that fraud Harry Reid took a bill he got from the House, stripped its original contents out, inserted his piece of crap into it, thereby making it a bill that ‘originated’ in the House.


17 posted on 10/05/2013 1:33:54 PM PDT by expat2
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To: neverdem; holdonnow; All

IMHO, maybe Roberts did this ON PURPOSE. Due to whatever circumstances made him change his vote (possible blackmail)
by saying it was a tax, it could LATER be EASILY overturned by USSC under that rule of all taxes originate in the House.

This opened the door for repeal with a-wink-and-nod from Roberts. The minute the FIRST person is “taxed” is when it can be taken to court. No one has been “taxed” so far, so it can’t be brought before the USSC YET under the House tax thingee.

Well Oct 1st has arrived. The first actual payee would THEN have “standing” to take Obamacare to court.

Any FReeper constitutional lawyer types out there know about this??


18 posted on 10/05/2013 1:43:59 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: Gator113

Read my post #18. IMHO, No one has been “taxed” yet to have “standing”.


19 posted on 10/05/2013 1:48:46 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: expat2
From what I recalled back to when Roberts had his brain fart, some law Scholars mentioned that once the first “tax” penalty is assessed law suits should follow. The basis being what this article describes, the bill originated in the Senate, not the Assembly.

Of course Roberts should have known that from his original opinion, it's a rare chance for a do over for.. If he fails the test again, there needs to be a major investigation (yeah right, honest Investigation in AmeriKa) on what dirt Obama has on him.

20 posted on 10/05/2013 1:54:07 PM PDT by DAC21
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