Skip to comments.Maybe, Just Maybe . . . Obamacare is Unconstitutional (Maybe?)
Posted on 05/18/2014 11:13:38 AM PDT by Kaslin
There is no doubt in any sane mind that Obamacare is a travesty on the U.S. Constitution and a terrible fraud perpetrated on America citizens. Yet it seems as though were all stuck with it . . . or are we?
On Friday Congressman Trent Franks (R-AZ 8th Dist.), led the charge in filing an amicus brief in the U.S. Court of Appeals for the 5th Circuit in New Orleans, in the case of Steven Hotze, M.D. v. Kathleen Sebelius, ramping up efforts to prove, once and for all, that the entire basis for the ACA bill was bogus in the first place.
Mr. Franks, along with 42 of his colleagues, including Rep(s) Michele Bachmann R-MN D-6), Matt Salmon (R-AZ D-5), David Schweikert (R-AZ D-6), and Steve King (R-IA D-4), banded together in a show of support to overturn Obamacare for violating the Origination Clause of the U.S. Constitution.
According to Mr. Franks office, the case began in a Texas federal court and raises the issue of whether or not Obamacare violated the Origination Clause because the entire language of the bill actually originated in the Senate, instead of the House as required for all bills raising revenue.
The question stems from October 2009, when the House passed H.R. 3590, titled at the time as Service Members Home Ownership Tax Act of 2009. H.R. 3590 was supposed to make certain changes to the IRS code, specifically to extend or waive the recapture of a first-time homebuyer credit for certain members of the armed forces.
The obvious question any intelligent person should be asking themselves right now is, What exactly does this bill have to do with health care? Youre right absolutely nothing.
The fairly innocuous bill passed the House and was sent to the Senate. Upon receipt, the Senate promptly stripped everything from the bill except the all important # 3590, then inserted the language of the Affordable Care Act and subsequently passed it on December 24, 2009. The entirely new H.R. 3590 then went back to the House for final approval.
Yet absolutely nothing remained of the original bill and Rep. Pelosi knew it. As the then Speaker of the House, she rammed H.R. 3590 through on March 21, 2010 as amended by the Senate. Concurrently, the House passed H.R. 4872, entitled the Health Care and Education Reconciliation Act of 2010, which made certain amendments to the ACA. President Obama signed H.R. 3590 into law on March 23, 2010 and H.R. 4872 on March 30, 2010.
The Origination Clause in the U.S. Constitution provides that .all Bills for raising Revenue shall originate in the House of Representative; but the Senate may propose or concur with Amendments as on other Bills.
Since Obamacare contains 17 separate tax provisions raising approximately $500 billion in taxes, it is most assuredly a tax bill, which most assuredly did not originate in the House. Furthermore, The U.S. Supreme Court ruled the individual mandate to purchase health insurance could only be constitutional, if at all, under Congresss power to tax.
If the Senate can introduce the largest tax increase in American history, Mr. Franks said, by simply peeling off the House number from a six-page unrelated bill, which does not even raise taxes, and pasting it on the Senate Health Care Bill, and then claim with a straight face that the resulting bill originated in the House, then the American rule of law has become no rule at all.
In addition to pressing his case in the courts, Congressman Franks is the sponsor of House Resolution 153, with 56 co-sponsors, expressing the sense of the House of Representative that Obamacare violated the Origination Clause. Just last week, Mr. Franks also held a contentious hearing on the topic before the House Judiciary Subcommittee on the Constitution.
The saddest thing is that none of the Arizona congressional leaders with a D behind their names supported this amicus brief, presumably because of their support of this illegal method of taxation. Offices of Rep(s) Ron Barber and Kyrsten Sinema were contacted, yet neither had a single comment. Maybe its time for a significant change.
Wendy Rogers, the retired U.S. Air Force Pilot whos running against Sinema in AZ D-9 feels strongly the Obamacare has been an unmitigated disaster. Most disingenuous of all, is Rep. Sinema, Rogers said. She actually helped to write the original tenets of Obamacare before she went to Congress and has consistently been President Obamas cheerleader for it in Arizona.
Rogers went on to explain, In order for Sinema to save face in her district, she voted with Republicans to delay the individual mandate and extend the workweek to 39 hours. She purposely voted this way, knowing it would never pass the Senate or a presidential veto. Sinema isnt about caring for sick people at affordable prices, shes about hijacking the Constitution to control one-sixth of the nations GOP. Sinema is whats wrong with Congress.
Chuck Wooten, whos running against Barber in AZ D-2 said, I roundly applaud Congressman Franks and his co-sponsors for forcing the will of the people, through Constitutionality and precedent, to undo the ACA which has been aptly named, the greatest fraud perpetrated on the American people.
According to Wooten, its no secret the Obama administration and Democrat lawmakers intentionally deceived the citizenry purely for ideological gain. The American people, led by Congressman Franks and his co-sponsors have busted those responsible for the fraud and Im confident justice will prevail and this train wreck will be once and for all vaporized into a bad memory, Wooten said.
Too bad Rogers and Wooten arent already in Congress . . . just think how nice itd be to have these two names on this amicus brief.
For those of us hoping against hope for a way out of the Obamacare nightmare, this seems like the all important light at the end of the tunnel. Hats off to the elected men and women taking a stand against fraudulent, tyrannical government and lets make sure the right folks make it to Washington in November.
What do you mean Unconstitutional ,Nancy Pelosi say George Washington gave it Thumbs Up
We've been beating the tip of the iceberg to death, all the other criminal government abuses.
This one is the rest of the iceberg, and the longest long term injury to the republic.
Both in terms of precedence for legislative abuses, and for the "fascistification" of the country, as it relates to private business and individual freedom generally..
When all three branches of the federal government (the Executive, the Legislative and the Judicial) behave in an illegal and unconstitutional manner, what remedy is left to We the People?
I assume that is a rhetorical question
They (Reid) took a legitimate House-originated budget/funding bill and GUTTED it and added PPACA. The conference committee passed it back to Pelosi who deemed it “Passed”.
Like it or not, the bill number originated in the House. How they got there and by what outrageous machinations are immaterial. Our illustrious Supreme Court will rule it such.
There isn’t any ‘there’ here. You don’t like it and I don’t like it but that’s what it is.
I can’t tell you what I think what should happen to DC.
I would be surprised if SCOTUS agrees to hear the case
The RATS had full control of the House and Senate, why would they need to play games with a house bill to pass owebamacare?
That part never made sense to me.
Yep. The Court has already spoken.
Why did it take four years for this obvious challenge seriously and vigorously to be pursued?
Well, in the matter of "standing," and the litmus test that to have "standing" injury must be demonstrated, the injury was to the House, and the RICO violation by Nancy Pelosi et al made it possible to ignore the permanent damage done to the carefully crafted separation of powers and check and balances in the Constitution. That it was either seditious, treasonous, or perjurious should have a bearing on the question.
Aside from Justice Roberts declaring Obamacare to be a tax (HINT! HINT!) there are more condemning issues at play for Pelosi, as speaker. The validity of Obama's qualifications as a candidate for president was made entirely on her opinion, not facts; and her refusal to assert the constitutional enumerated powers of the House clearly establishes that she was contemptuous of her fiduciary duties to the American people AND the clear requirements of the Constitution, an inferior intellect, or a criminal bent.
Or all of the above.
So I repeat...WHY DID THIS TAKE 4 YEARS???
You are exactly correct. Hate it as we will, we are forced to eat this sh*t sandwich.
But then there is Ted Cruz....and there is also my tagline.
I have been searching for just such a most needed historical reference for my records and for future use.
Bring the 2014 elections ON!
I agree. No way the Supremes find it unconstitutional on these grounds.
Maybe, Just Maybe . . . Obamacare is Unconstitutional (Maybe?)
Here ya go.
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