Cheaters and Scoundrels

There are several legal challenges still in the court system relating to the Patient Protection and Affordable Care Act (otherwise known as ObamaCare).

I do not understand why I have not read anything about the most basic of challenges that could be made.

The United States Constitution in Article One, Section 7  says “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”.

The bill creates several new taxes and raises existing ones.  That is raising revenue.

The pages below are the first two pages of the Act as printed by the Government Printing Office:

firstpage

secondpage

As disgusting as it was, what you saw was a bill from the House of Representative (H.R. 3590) entitled “An Act to amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the case of members of the Armed Forces and certain other Federal employees, and for other purposes”.

The bill was passed by the House and sent to the Senate.  The Senate never passed it.  Instead the Senate wrote an “amendment”.  It was “Strike out all after the enacting clause and insert“.  That was followed by 2,407 pages of the health care bill.

The bill did not originate in the House of Representatives.  You might recall that the Senate wrote the bill in it’s entirety and sent it over to the House for passage.  They even recognize their Constitutional difficulty by trying to amend the old bill.  They knew they could not write their own, new bill.

If the writers of the Constitution wanted the Senate to be able to originate revenue actions, the sentence “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” would not have been written.

The Senate originated the revenue raising bill.  This cannot be denied.

There was a reason that the power to raise revenue was given solely to the House of Representatives, but our congress has chosen to ignore the supreme law of the land.

Both Democrats and Republicans are complicit in this sham.  If they do not like that provision of the Constitution they should follow one of the procedures in Article Five that allow for it to be amended.  If we have no rules, what rules are we to follow?

What they have done is to violate their oaths as well as the law.

The price of liberty is eternal vigilance.

 

One Response to Cheaters and Scoundrels

  1. Unknown's avatar FedUp says:

    Not that you will agree with their logic, but the Supreme Court and Justice Roberts apparently did give the origin of the Obamacare legislation more consideration than you think. Read this Breitbart column, which summarizes their presumed logic:

    Justice Roberts Turns Obamacare into Origination Clause Shell Game

    http://www.breitbart.com/Big-Government/2012/06/29/Justice-Roberts

    Like

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