As BlueCollar has argued on several occasions, Obamacare is unconstitutional.
Our Constitution requires that all ‘raising Revenue’ bills shall originate in the House.
Article 1, section 7 is very clear. But Obamacare was a Senate-originated bill.
When the Supreme Court ruled on the O’care individual mandate penalty, it decided the law could only be constitutional if the penalty were a ‘tax’…Congress has that power.
What wasn’t argued as an issue in that hearing, was how this ‘tax’ law was created. If it’s a Senate-created bill, it doesn’t pass the ‘shall originate in the House’ requirement.
Classifying Obamacare, then, as a ‘tax’, set the table to argue against its legality.
Those interested should read George Will’s article – he lays out a basic analysis of the issue, and the plain reason why Article 1, section 7 should be O’care’s downfall.
BlueCollar’s been arguing this for over a year. We’re pleased it will have its day in court.
But, will the Constitution prevail at Thursday’s DC Circuit Court of Appeals hearing?
Democrats said it wasn’t a tax when they argued for O’care’s passage, but their lawyers argued it was a tax at the Supreme Court, to justify the individual mandate’s legality.
It ‘wasn’t a tax’, before it ‘was a tax’…but now isn’t a tax?
One can only speculate how far Democrat logic can be stretched now.