May 8, 2014
A Federal Appeals Court in Washington will take up a credible challenge to Obamacare today.
I blogged about this back in November of 2012. "Obamacare Violates the Constitutions Origination Clause; Legal Challenge Moves Forward"
The challenge was made possible when SCOTUS ruled the individual mandate penalty a tax back in June of 2012.
The challenge is based on the “Origination Clause” (Article 1, Section 7 of the US Constitution) which states that “any legislation to create a tax to be collected by the federal government must originate in the House of Representatives”.
The clause was created by our founders as a safeguard to liberty because they understood that the power to tax, if misused, involves the power to destroy. The requirement is designed to maximize political accountability. The House is closest to the people and less insulated than the Senate. Each member must seek reelection every two years.
The argument is that Obamacare originated in the Senate and was then sent to the House of Representatives and is therefore unconstitutional.
The White House will argue the Senate has a right to amend House Bills and send them back for approval. With Obamacare, Sen. Reid took a bill passed in the House called the “Service Members Home Ownership Tax Act of 2009” that offered tax credits to military members who were first-time homebuyers. He then amended that bill by stripping out the entire text of the six-page law and replaced it with the 2,000-plus page bill that became the Affordable Care Act.
Opponents will argue that Reid’s legislative manipulation was unconstitutional because SCOTUS has held that only Senate amendments that are germane to the subject matter of the underlying House bill can avoid scrutiny under the Origination Clause. Otherwise, the Constitution’s Origination Clause is meaningless.
The case is Sissel v. US Department of Health and Human Services (13-5202).