ObamaCare Should Be Declared Unconstitutional

ObamaCare Should Be Declared Unconstitutional
by JBS President John F. McManus

The U.S. Constitution states in Article I, Section 7 that all bills for raising revenue must “originate in the House of Representatives.” The Senate may add an amendment to any revenue bill but “the power of the purse” is held by the House. The Founding Fathers felt that matters involving taxation should be in the hands of the House, the body of Congress closest to the people. Good thinking!

In 2009, the House passed a measure (H.R. 3590) designed to ease the process of first-time home ownership for military personnel and also to increase by a small amount a tax for some corporations. H.R. 3590 was a tiny six-page bill, very small in comparison to many other pieces of legislation. But it involved revenue and had to be originated in the House.

Senator Harry Reid and his team over in the Senate then hijacked the measure. They erased the entire text in H.R. 3590 and kept only the bill’s number. They then inserted 906 new pages that constitute the text of the Affordable Care Act (ObamaCare). All of what appeared in the new 906 pages had nothing to do with home purchases by service personnel or taxation for some corporations. In other words, the massive new insertion was not an amendment; it was a wholly new bill.

Skip ahead to 2012 and recall that the Supreme Court ruled that the law now known as ObamaCare was a tax measure, specifically its portion levying a fine on any persons who refuse to purchase health insurance. Disagree with this ruling if you wish, but realize that this decision presents a huge problem for the supporters of ObamaCare — Harry Reid certainly included. There is no way that H.R. 3590, now widely known as ObamaCare, can be constitutional because it is a revenue generator that originated in the Senate, not in the House.

Law professor John Eidsmoe has pointed out in his “The Origination Clause” appearing in The New American for May 5, 2014 that there are “at least 86 cases making their way through the courts” challenging the legitimacy of ObamaCare. Perhaps the measure, called a “train wreck” by former Senator Max Baucus (D-Montana) who helped to author it, will be declared unconstitutional because of being born in the Senate. Such an outcome would be welcomed by Americans who treasure liberty and esteem the worth of the U.S. Constitution.



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