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Wednesday, October 09, 2013

Obamacare’s Unconstitutional Origins


Tax legislation has to originate in the House; the health-care law didn’t.

Of all the fraud perpetrated in the passage of Obamacare — and the fraud has been epic — the lowest is President Obama’s latest talking point that the Supreme Court has endorsed socialized medicine as constitutional. To the contrary, the justices held the “Affordable” Care Act unconstitutional as Obama presented it to the American people: namely, as a legitimate exercise of Congress’s power to regulate interstate commerce.

To sustain this monstrosity, Chief Justice John Roberts had to shed his robes and put on his legislator cap. He rewrote Obamacare as a tax — the thing the president most indignantly promised Americans that Obamacare was not. And it is here that our recent debate over the Constitution’s Origination Clause — the debate in whichMatt Franck, Ramesh Ponnuru, Mark Steyn, and yours truly have probed the historical boundaries of the “power of the purse” reposed by the Framers in the House of Representatives — descends from the airy realm of abstraction and homes in on a concrete violation of law.

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6 comments:

  1. It's very simple and not much anyone can argue about...Obama are is unconstitutional because it is tax legislation that did not originate in the house. Why is it so hard for someone to do something about this?

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  2. IIt's already been ruled constitutional by the Supreme Court. Move on.

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  3. Typical Bob & Betty beer can views on politics. You people are idiots. The republicans need to get it together...Obamacare is happening like it or lump it.

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  4. Supreme Court is the last word on what is constitutional and what is not. It is constitutional.

    Arm chair scholars can think what they want but those are the facts.

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  5. 12:06PM
    The 'last word' has declared the ACA, or portions therein, as a tax.
    Since this 'tax legislation' did not originate legitimately it only shows me that the SC is ill-informed and blatantly wrong.., in other words biased.

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  6. Anonymous Anonymous said...
    IIt's already been ruled constitutional by the Supreme Court. Move on.

    October 9, 2013 at 8:44 AM

    NO, it was ruled UNCONSTITUTIONAL as it was presented to the Supreme Court.

    It HAD to be re-written as a TAX to be CONSTITUTIONAL. And therein lies the rub, the Supreme Court, IRS, whoever re-wrote it, had NO AUTHORITY to do so.

    That is the responsibility SOLELY of CONGRESS. Therefore, it is STILL unconstitutional, and from what I understand, it is heading BACK to the Supreme Court on that basis.

    And if you and others will remember, obammy swore up and down,(on a quran perhaps?), that the ACA(obamacare) was NOT a tax when he was first shoving it down our throats.

    In the rare occasions he does go to Congress and tries to do things the right way, and gets denied, he whips out his pen and writes yet another Executive Order.

    Effectively writing his own laws. Just about every president has done this in their presidency, with rare exceptions.

    But nothing this blatant, divisive, perhaps illegal and very unpopular.

    You don't hire a carpenter and let him tell you how he is going to do your addition to your house do you?

    No, he works for you, you pay him and YOU tell him how he is to do it and at what price you are willing to pay.

    Same principal applies with SERVANTS in government. Trouble is, there are some people who do not want to be their own boss and allow others to tell them how it's going to be, how much it will cost, and when or if, it will be completed.

    We can no longer allow this to continue. It is killing this country, financially, morally, spiritually, etc.

    Other countries are seeing this storm brew from thousands of miles away. Yet some of the ones closest to it are still blind to what is going on and some of the goals of this current administration.

    Some still falsely believe our government has our best interests at heart. They do not. Some refuse or are unable to see it, but it is there.

    How many more examples do they need to see to believe it, I don't know. But time is running out.

    Take some quiet time to yourself and think honestly about was is happening. Have a peaceful and respectful discussion about it with someone you respect and believe.

    Find that still small voice inside of each of us, and listen to it.

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