President Obama wants consumers to buy his health care insurance but the Affordable Car Act (Obamacare) is not constitutional as it violated the origination clause, as reported by Andrew C. McCarthy, a senior fellow at the National Review Institute and author, most recently, of “Spring Fever: The Illusion of Islamic Democracy” on Saturday.
McCarthy pointed out that the Supreme Court 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,” said McCarthy.
“We now know Obamacare was tax legislation. Consequently, it was undeniably a “bill for raising revenue,” for which the Constitution mandates compliance with the Origination Clause (Art. I, Sec. 7). The Clause requires that tax bills must originate in the House of Representatives. Obamacare did not,” McCarthy said.
The on-going battle on the issue of whether Obamacare is the law of the land continues as the Democrats mantra is that “it” is law and that there is nothing anyone can do about it, contrary to Constitutional law.
McCarthy responded, “Our dispute over Obamacare spending in the 2013 CR, however, has no bearing on the Origination Clause analysis of the 2010 Obamacare law itself. The Affordable Care Act, the Supreme Court has held, was a straightforward tax. No theorizing about spending is necessary. Everyone agrees that tax-raising measures must originate in the House.”
“Obamacare originated in the Senate. It was introduced in Congress in 2009 by Senate majority leader Harry Reid, who called it the “Senate health care bill” (a description still touted long afterwards on Reid’s website). Employing the chicanery that marked the legislation through and through, the Democrat-controlled Senate turned its 3,000-page mega-proposal into a Senate amendment. The Senate attached its amendment to a nondescript, uncontroversial House bill (the “Service Members Home Ownership Tax Act of 2009”) that had unanimously passed (416–0) in the lower chamber.”
In 2009, the Heritage Foundation concluded that if Reid’s health care passed, it would be the greatest concentration of political and economic power over one major sector of the U.S. economy in the nation's history. The Heritage Foundation also laid out the devastating consequences that would result with the passage of Obamacare.
On Wednesday, a report was released, echoing the same facts that Obamacare was unconstitutional and the House could defund Obamacare without the Senate.
Dr. Harold Pease, an expert on the United States Constitution, stated that the authority in dealing with Obamacare funding belongs to the U.S. House, not the U.S. Senate.
Pease said, “Everything hinged upon funding which was given exclusively to the House of Representatives, the only power that they alone had. 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. To fund anything, in this case Obamacare, first approval is required by the House of Representatives.”
After the Pease report was released, liberals stated that they are not happy that the U.S. Constitution has gotten in their way and criticized anyone who has proven them wrong, including calling conservative, teabaggers.
A liberal who goes by the name of NoGeeksAdmin said, “Lease is a teabagger jackwagon from a two-bit Community College in California. This is your expert? I'll stick with Professor Obama, the Constitutional Law scholar from Harvard. You MORONS.”
Another liberal said, “This writer has never read the Constitution. House cannot unilaterally shut off spending. But I invite them to try. Fail.”
Nevertheless, as McCarthy said, "Obamacare has failed to pass Constitutional muster for such a law to be legal because Obamacare is indeed a “tax” but also that Obamacare violated the origination clause as mandated by the U.S. Constitution."
“Therefore, Obamacare is revenue-raising tax legislation, originated in the Senate in violation of the Constitution,” said McCarthy. “The legerdemain that characterized Obamacare’s passage, coupled with its patent lack of constitutional legitimacy, should stiffen the resolve of the House to refuse funding — as it is the House’s prerogative to do.”
“Once again, the president is not telling the truth about Obamacare. The Supreme Court did not endorse it. The Supreme Court said it could only conceivably be sustained as a tax. It still had to pass the Constitution’s tests for valid taxation. It failed.”