Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

George Will: Obamacare Doomed Under Constitution's Origination Clause
Newsmax ^ | Saturday, 03 May 2014 | Sandy Fitzgerald

Posted on 05/03/2014 3:01:05 PM PDT by Hotlanta Mike

Two years ago, when the Supreme Court declared Obamacare's penalty to be a tax, it doomed the healthcare reform act as an "unconstitutional violation of the origination clause," columnist George Will says.

This Thursday, the Washington, D.C., Court of Appeals, the nation's second-most important court, will hear arguments on whether the Affordable Care Act adheres to the Constitution's "origination clause," which declare that "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," Will writes in his column in The Washington Post Saturday.

Will points out that the Democrat-controlled Senate passed Obamacare on a party-line vote "without a Democratic vote to spare, after a series of unsavory transactions that purchased the assent of several shrewdly extortionate Democrats.

Thursday's arguments, said Will, will show that the act was "indisputably a revenue measure" that did not originate in the House, which later passed the House on yet another party-line vote.

(Excerpt) Read more at newsmax.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: abolishobamacare; abortion; deathpanels; georgewill; obamacare; originationclause; rino; scotus; zerocare
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-96 next last
To: Hotlanta Mike
There is another challenge by Dr. Hotze here in Houston using the origination clause AND 5th amendment.

Obamacare’s employer mandate violates the takings clause of the Fifth Amendment. It bars the federal government from requiring citizens to transfer their “wealth directly to others without a ‘public use.

http://www.newsmax.com/Newsfront/texas-doctor-sues-obamacare/2013/07/11/id/514678/

61 posted on 05/03/2014 6:10:42 PM PDT by servantboy777
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hotlanta Mike

The Supreme Court is the U.S. federal government ruling on actions of the U.S. federal government.


62 posted on 05/03/2014 6:17:41 PM PDT by all the best (sat`~!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HMS Surprise
I'm not entirely convinced John Roberts abandoned conservatives. I believe it is entirely possible he knew Obozocare would be revisited once again if it was determined to be a tax.

History may end up being very kind to Roberts.

63 posted on 05/03/2014 6:25:07 PM PDT by servantboy777
[ Post Reply | Private Reply | To 11 | View Replies]

To: gorush

If what you say is true, then the Democrats would be able to publically state “The Constitution has been rendered meaningless.”

If they were to make this statement, they would lose everything. This tells us the Constitution is still very powerful.


64 posted on 05/03/2014 6:31:11 PM PDT by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
[ Post Reply | Private Reply | To 3 | View Replies]

To: cdcdawg

What is it that makes the ACA so invincible?

The letter of the law?

Political persuasiveness?

I’d like to know what is the substance that holds the thing together.


65 posted on 05/03/2014 6:37:08 PM PDT by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
[ Post Reply | Private Reply | To 30 | View Replies]

To: Hostage

What is there to lose?


66 posted on 05/03/2014 6:37:45 PM PDT by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
[ Post Reply | Private Reply | To 50 | View Replies]

To: cashless

Obamacare is just words on paper.


67 posted on 05/03/2014 6:40:16 PM PDT by reasonisfaith ("...because they received not the love of the truth, that they might be saved." (2 Thessalonians))
[ Post Reply | Private Reply | To 48 | View Replies]

To: Diogenesis

Traitor!


68 posted on 05/03/2014 7:05:23 PM PDT by Finalmente
[ Post Reply | Private Reply | To 4 | View Replies]

To: HMS Surprise
There is no severibility clause in the ACA. Anything within the act that is held as being unconstitutional will kill the entire law. Hobby Lobby would kill it, origination would kill it too.

So why is it still standing? Some provisions were ruled unconstitutional weren't they? The whole bill SHOULD be smoldering in ruins already, but it's being enforced illegally.

69 posted on 05/03/2014 7:15:49 PM PDT by Big Giant Head
[ Post Reply | Private Reply | To 11 | View Replies]

To: Hostage

The Senate bill has to be on substantially the same topic. This is a paraphrase. Gutting the Veterans bill, changing the name and totally changing the topic does not meet that test.
It is really hard to say what was going through the Chief Justice’s mind, but if it was: Let the country see how much pain the democrats have inflicted on the country and we will strike it down later; then he was brilliant or very lucky. Given the timing of when it would likely reach the Supreme Court and the unpopularity of the law at that time, I give it an 80% chance of being struck down. I give it a 65% chance of being struck down in the DC court.


70 posted on 05/03/2014 7:19:44 PM PDT by Revolutionary ("Praise the Lord and Pass the Ammunition!")
[ Post Reply | Private Reply | To 39 | View Replies]

To: Hotlanta Mike
George Will: Obamacare Doomed Under Constitution's Origination Clause

Just tell us, George, who has standing to challenge it before the Supreme Court successfully?

The People certainly don't seem to!

71 posted on 05/03/2014 7:57:08 PM PDT by publius911 ( At least Nixon had the good g race to resign!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HMS Surprise
There is no severibility clause in the ACA.

The Supreme Court could find that severability was implied.

72 posted on 05/03/2014 8:00:06 PM PDT by Jeff Chandler (Obamacare: You can't make an omelette without breaking a few eggs.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Revolutionary

Reid’s nuclear madness was precisely for packing the DC court to shoot this issue down. I predict the DC Court of Appeals will rule in Obamacare’s favor.

Changing or amending a tax related bill that originated in the House is allowed by the Senate. The fact that Pelosi’s House ‘deemed it passed’ when it came back means the House was in agreement. A federal court saying otherwise risks characterizing the judiciary as micromanaging legislative processes. I just don’t think there is hope with this argument approach but I would love to be wrong.

The depth and cunning of the trickery by the democrats is astounding. They knew they could not originate Obamacare in the House as a tax measure. They handed it to the Senate as an innocuous tax bill knowing it would come back as Obamacare, and then deemed it passed.

The American people are against Obamacare en masse. The best way to rid the country of it is to repeal it. To do that people will be compelled to look at the only force that leads on repealing it, the Tea Party Conservatives.


73 posted on 05/03/2014 8:01:26 PM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 70 | View Replies]

To: Kennard
Technically, the ACA originated in the House.

The Bill Number did. Nothing else.
That is fraud writ large in any other case.

It's like taking a Lamborghini "shell" and putting the guts of a Lada under it, and calling it a luxury Sports car.

How that transparent legal fraud originated I have never seen satisfactorily explained.

74 posted on 05/03/2014 8:08:25 PM PDT by publius911 ( At least Nixon had the good g race to resign!)
[ Post Reply | Private Reply | To 27 | View Replies]

To: reasonisfaith

Faith in the system, faith in justice.

There’s a horrible feeling when some diabolical force robs someone and the dirty deed is protected by nuance of law.

People’s hopes are trained on justice but it is greatly nuanced and in my opinion is doomed. This leads to demoralization.

The thing to do is to support Tea Party conservatives in repealing this awful act thrown down on Americans.

As Ted Cruz described, Obama’s democrats broke and smashed a lot of windows, and now claim that orders for windows exceed targeted numbers. The judicial system will not repair all the damage nor will it involve itself in stopping further damage. The only force that can stop further damage and begin repair of existing damage is the force of Americans voting.


75 posted on 05/03/2014 8:08:36 PM PDT by Hostage (ARTICLE V)
[ Post Reply | Private Reply | To 66 | View Replies]

To: publius911

That bill number is enough of an opening for the supremes to leave it be 5-4


76 posted on 05/03/2014 8:09:53 PM PDT by morphing libertarian
[ Post Reply | Private Reply | To 74 | View Replies]

To: Hotlanta Mike
the Senate took up H.R. 3590, a bill regarding housing tax breaks for service members. As the United States Constitution requires all revenue-related bills to originate in the House, the Senate took up this bill since it was first passed by the House as a revenue-related modification to the Internal Revenue Code. The bill was then used as the Senate's vehicle for their healthcare reform proposal, completely revising the content of the bill. The House then approved the changes.

The real question: in the face of these shenanigans, is the origination clause a dead letter. I believe SCOTUS will say it is.

77 posted on 05/03/2014 8:13:17 PM PDT by Jeff Chandler (Obamacare: You can't make an omelette without breaking a few eggs.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Diogenesis

Well done! Great merging of image and text! Thanks!


78 posted on 05/03/2014 8:15:08 PM PDT by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: publius911
It's like taking a Lamborghini "shell" and putting the guts of a Lada under it, and calling it a luxury Sports car.

After which a buyer (the House of Representatives), fully aware of the new contents, buys the car.

The American people decided they wanted Communists to run the country and now we are paying for it.

79 posted on 05/03/2014 8:15:25 PM PDT by Jeff Chandler (Obamacare: You can't make an omelette without breaking a few eggs.)
[ Post Reply | Private Reply | To 74 | View Replies]

To: djf
And as far as I have read, the Declaration trumps even the Constitution.

As does the unmolested Bill of Rights.
Without the Bill of Rights, no Constitution, as we know it, was possible.

That reminds me of the abject idiots who propose modifying the Bill of Rights in any way. It is a list of assertions and self-evident assumptions and confirmations from which the Republic and its structure followed.

No more, no less. In its entirety.

80 posted on 05/03/2014 8:21:48 PM PDT by publius911 ( At least Nixon had the good g race to resign!)
[ Post Reply | Private Reply | To 24 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-96 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson