On May 8th, oral arguments will take place in the D.C. Circuit Court Of Appeals concerning the unconstitutional manner in which the Affordable Care Act was assembled and placed before Congress for passage.
According to the Origination Clause in Article 1 of the Constitution, “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.”
In 2009, the House passed a bill concerning proposed tax credits for members of the military who were first-time home buyers. The Senate took that Bill, removed ALL of the content, and substituted the nearly 3000 pages of the Affordable Care Act. According to Senate Democrat leaders, this was perfectly constitutional as the Affordable Care Act became an amendment to the original bill! Nonsense, of course, as this was thoroughly improper and unconstitutional. But the left was not about to miss something they had waited years for–an opportunity to place the activities and choices of 300 million Americans under the life and death control of the federal government.
However, case law goes directly against the obviously fraudulent shenanigans of the Senate by establishing that in order to be considered a “genuine amendment,” it must be “…germane to the subject matter of the House bill.” Clearly, the Affordable Care Act had nothing to do with the subject matter of the House bill.
Does the Affordable Care Act qualify as a “bill for raising revenue”? The Supreme Court certainly believes it does. In fact, according to its June 28th, 2012 ruling in National Federation of Independent Business v Sebelius, not only did the Court find ObamaCare’s individual mandate to be a tax rather than a penalty as claimed by Congress; the entire law passed the Court only because it WAS declared a tax. The government’s argument that the ACA was constitutional under the Commerce Clause was thrown out by the Court.
In the last 5 years, the Affordable Care Act was manufactured in a thoroughly unconstitutional way and passed muster before the Supreme Court only thanks to some of the most disgracefully, activist rewriting of a law in decades. Will the D.C. Circuit Court actually make its ruling according to case law and the clear language of the Constitution?
Don’t get your hopes up.
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This post originally appeared on Western Journalism – Informing And Equipping Americans Who Love Freedom