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Can the Legislative Roots of Obamacare Overturn the Law?

Harry Reid's trick to gut a House bill and replace it with the ACA could be judged by Supreme Court.

by
Rodrigo Sermeño

Bio

May 31, 2014 - 12:37 am
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While the Senate may in most cases have the power to “gut and amend” a bill by striking and replacing its entire contents, no court has ever held that the Senate can use such a procedure to originate a bill for raising revenue, he said.

“If Congress can use its taxing power to accomplish these goals, like forcing people to buy insurance, …that’s all the more reason why we need more democratic control over the taxing power,” Sandefur said. “This is the reason why the House of Representatives has this power in the first place.”

Interest in the case is growing despite its dismissal last June. Forty House Republicans filed an amicus brief in support of the challenge, while the House Judiciary Committee held a hearing recently on the meaning of the Origination Clause.

Two of the judges on the panel were recently appointed by President Obama and confirmed by the Senate as part of the so-called “nuclear option.” President Clinton appointed the other judge.

Whatever decision is reached, the supporters of the lawsuit intend to push it all the way to the Supreme Court.

“It’s always a long shot when you sue the federal government, particularly over the Affordable Care Act,” Sandefur said. “But we bring these cases because we believe in their constitutional merit.”

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Rodrigo is a freelance writer living in Washington, D.C.

Comments are closed.

Top Rated Comments   
LOFO? Or are you a shill? This is apparently the latest blatant disinformation campaign to preserve this centerpiece of Regressive tyranny.

House Resolution 3590 - the "Service Members Home Ownership Act" - is the bill that Reid took the gutting knife to.

Absolutely nothing to do with taxation. Absolutely nothing to do with healthcare (even for service members).
20 weeks ago
20 weeks ago Link To Comment
To summarize, the Woodstock Jihad took a six page "house bill", gutted it and replaced it, passed the gang rape of the Constitution in the dead of night in reconciliation, on a seizure of one sixth of the economy, against the will of the people, to force them to lose their doctors, hospitals and plans they liked...to advance the biggest lie of the year...in order to circumvent representative self-governance and replace it with small c communism.

And our grievance petition of last resort is currently in front of three PARTY hacks who don't give a damn about the law, only about the Party and imposing One World Socialism on the people against their will.

The final, final last gasp of liberty goes before a Supreme Court more than willing to act as the final traitors against freedom. Refusing to uphold the protection of the people from a government intent on destroying those protections. Harry Reid and Nancy Pelosi lead a raid on liberty and slimed the process with every dirty trick, this administration told every lie to cover their intent..and the Supreme Court put on the last handcuffs and shackles of a once free people.

Are we really discussing whether justice is served by upholding the overthrow of free market Constitutional self-governance ...because it was done "legally"?

We ought to be talking about the penalties for treason.
20 weeks ago
20 weeks ago Link To Comment
"The real fix for ObamaCare is to elect Republicans"

No, the real fix for Obamacare is to elect Tea-Party aligned fiscal and constitutional conservatives. Electing RINOs will do no good.

The GOP Establishment has determined not to repeal Obamacare, but to "fix" it. Just the way I expected the RINO Romney to betray us if he were to be elected.

http://www.washingtonpost.com/politics/gop-candidates-show-signs-of-retreat-on-full-obamacare-repeal-as-midterms-approach/2014/05/30/3c175b30-e5ab-11e3-8f90-73e071f3d637_story.html
20 weeks ago
20 weeks ago Link To Comment
All Comments   (23)
All Comments   (23)
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Why even vote for the GOP at all? Cantor supports amnesty, PA Governor Corbett now supports same-sex marriage -- or at least won't fight it -- McConnell and Boehner support more spending, many in the GOP say we need to "accept" Obamacare or "fix" it, and so on. The only difference between the GOP and the DEMs is that the GOP is for the rich, not the poor. Dems also give to the rich, but at least they make a show of giving something to the poor. It has been said before, but it is true. The two parties are really the same. I am a Tea Partier but I am voting for the Dems this Fall.

Defund the GOP.
20 weeks ago
20 weeks ago Link To Comment
" I am a Tea Partier but I am voting for the Dems this Fall."

Load of crap.

20 weeks ago
20 weeks ago Link To Comment
I'm hoping common sense will prevail and this abomination created via skullduggery and slight of hand will receive its just desserts and be ruled unconstitutional. However, on the SCOTUS we have that master of convoluted legal contrivance, the Honorable (?) John Roberts who managed to convert a horse into a giraffe to justify Obamacare the first time. Will he do it again?
20 weeks ago
20 weeks ago Link To Comment
Well, there's always hope. I suspect that wishing for the Roger's court to revisit the case (allowing the whipping of citizens by the IRS for their failure to pick Blue Cross cotton on the Media Medical Plantation Corporate Complex) is like expecting the Taney Court to revisit their Dred Scott decision and agree with the minority dissent that once a slave is free and has voted (as occurred in five states), he cannot be enslaved again and is, in fact, a citizen of the United States and entitled to keep and bear arms.
20 weeks ago
20 weeks ago Link To Comment
While one can make a theoretical case that the courts should strike down Obamacare based on the clear and specific wording of the Constitution; you encounter one immovable obstacle.

Neither the text of laws, nor the text of the Constitution has any bearing on what the government and Nomenklatura do in real life. There is no consent of the governed, and the velvet glove over the mail gauntlet is wearing thin.

Reality.

If any of those judges or Justices followed the law or Constitution, there would be vacancies on the courts to be filled with more compliant jurists.

Subotai Bahadur
20 weeks ago
20 weeks ago Link To Comment
Given all that the Democrats seek to get away with, and the Republicans petrified of communicating distinctly, I encourage folk to look at the Royalist Tea Party.

It is a registered party, and it has a facebook page, a twitter page and a website.

www.royalistpartyusa.tk

https://www.facebook.com/RoyalistTeaParty

https://twitter.com/RTPUSA

It is time to stop trying to reinvent the wheel.
20 weeks ago
20 weeks ago Link To Comment
No way in hell the courts overturn Obamacare because of the origin clause.

...not because of the merits of the argument, but because the courts, especially with cowards like Roberts on the bench, are cowardly lions, rubber stamping whatever the federal government does.

"When Obamacare reared its ugly head
He bravely turned his tail and fled
Yes, brave Sir Roberts turned about
And gallantly he chickened out
Bravely taking to his feet
He beat a very brave retreat.
Bravest of the braaaave, Sir Roberts!"
20 weeks ago
20 weeks ago Link To Comment
Any doubt that this case will not prevail in the courts owes its origins to the belief that law is a dead letter subject. The whole subject can be boiled down to; who will be the last one with it and what do they want.
20 weeks ago
20 weeks ago Link To Comment
This has been my assertion all along - that ALL tax bills must originate in the House. Apparently Prince Harry feels he can take a pig and skin it out and insert 2000+ pages of ill will and call it O'Care.

It is still a pig - and John Roberts is still a traitor.

That traitor list is getting long...

20 weeks ago
20 weeks ago Link To Comment
To summarize, the Woodstock Jihad took a six page "house bill", gutted it and replaced it, passed the gang rape of the Constitution in the dead of night in reconciliation, on a seizure of one sixth of the economy, against the will of the people, to force them to lose their doctors, hospitals and plans they liked...to advance the biggest lie of the year...in order to circumvent representative self-governance and replace it with small c communism.

And our grievance petition of last resort is currently in front of three PARTY hacks who don't give a damn about the law, only about the Party and imposing One World Socialism on the people against their will.

The final, final last gasp of liberty goes before a Supreme Court more than willing to act as the final traitors against freedom. Refusing to uphold the protection of the people from a government intent on destroying those protections. Harry Reid and Nancy Pelosi lead a raid on liberty and slimed the process with every dirty trick, this administration told every lie to cover their intent..and the Supreme Court put on the last handcuffs and shackles of a once free people.

Are we really discussing whether justice is served by upholding the overthrow of free market Constitutional self-governance ...because it was done "legally"?

We ought to be talking about the penalties for treason.
20 weeks ago
20 weeks ago Link To Comment
The 10th amendement to the US Constitution states that: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Health care is not delegated to the United States by the Constitution, therefore it is reserved to the states. Why has not anyone brought up this aspect of Obamacare?
20 weeks ago
20 weeks ago Link To Comment
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