Friday, October 19, 2012

The Origination Clause: Die Harder, ObamaCare!


Chief Justice John Roberts could begin his next Supreme Court decision regarding ObamaCare with the following statements: "Whoops, ObamaCare is unconstitutional.  As ObamaCare involves taxes, the House -- not the Senate -- was constitutionally responsible for originating ObamaCare."
If Roberts agrees with the Pacific Legal Foundation's (PLF) recent case against ObamaCare, then Roberts, as suggested above, could reverse his decision in June 2012 that most of ObamaCare is constitutional.  On September 11, 2012, PLF sued the U.S. Department of Health and Human Services, alleging that ObamaCare violates the Constitution's Origination Clause, which reads as follows:
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.
PLF argues that ObamaCare's Individual Mandate, which Roberts labeled a tax in his June 2012 decision, significantly raises government revenue.  The Individual Mandate "taxes" individuals $695 and families $2,085 per year for not purchasing health insurance plans.  In Roberts' words, the mandate will produce "at least some revenue for the Government ... about $4 billion per year by 2017."  As PLF notes, ObamaCare involves multiple other taxes "estimated to increase federal revenue by $486 billion by 2019."  

Via: American Thinker


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