RESPONSE TO: 'OBAMACARE NOW INVALID BECAUSE TAX BILLS MUST ORIGINATE IN HOUSE'
Response by Rocky Montana / July 4, 2012
To give strength to the argument below: It is unconstitutional for the Supreme Court to create or rewrite law; it is charged with one, and only one, enormous responsibility which is to interpret and decide whether laws and cases coming before it are constitutional or not, period.
The Obamacare (The Patient Protection and Affordable Care Act) MANDATE was wisely "interpreted" and struck down as unconstitutional by five out of nine Supreme Court judges (a majority), including Chief Justice John Roberts.
Obamacare was not written as a Tax Law (under the broadly interpreted taxing-powers - Article I, Section 8 of the U.S. Constitution); it was written as a Mandate Law (under the Commerce Clause - Article I, Section 8, Clause 3 of the U.S. Constitution). The Obamacare Law has zero language in it that speaks to a tax upon the people. Don't be hoodwinked America; neither Chief Justice John Roberts (nor any other judge) can magically wave their hand and rewrite Obamacare and ordain "it survives as a tax" like some grand wizard. OBAMACARE DOES NOT SURVIVE AS A TAX BECAUSE IT WAS NOT WRITTEN AS A TAX! (Again, the Supremes DO NOT have the constitutional authority to create or rewrite law.)
Under the recent Supreme Court interpretation and decision, if Obamacare is ever to become law, as stated below, the law must be rewritten as a tax and be reintroduced in the House of Representatives for an up or down vote, and if passed must go to the Senate for an up or down vote, and if passed must be signed into law by the President. Anything less than this course of action is UNCONSTITUTIONAL and, therefore, UNLAWFUL and ILLEGAL!
Original article below...
OBAMACARE NOW INVALID BECAUSE TAX BILLS MUST ORIGINATE IN HOUSE
Daily Paul Liberty Forum / JULY 1, 2012
The Patient Protection and Affordable Care Act (Obamacare) may now be invalid because the Supreme Court ruled that it relies on a tax for implementation.
According to the United States Constitution, all tax bills must originate in the House of Representatives. This law originated in the Senate, because at the time the Democrats were selling it as a purchase - not a tax. Since the Supreme Court has ruled that the law is indeed based on a tax increase, it would have had to be initiated as a bill in the House of Representatives.
Consequently, the Patient Protection and Affordable Care Law is unconstitutional on a different criteria than the ones considered by the Supreme Court in this latest landmark decision. By calling the individual mandate unconstitutional but allowing the law as a federal program to be funded by new taxes, Justice Roberts essentially nullified the law.