‘Origination clause’ Obamacare tax challenge..first it wasn’t, then it was, now it isn’t?

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.

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