Friday, June 29, 2012

Obamacare Now Invalid Because Tax Bills Must Originate in House

In a technical sense the "Obamacare" law that was passed a couple of years ago maybe invalid because of the recent Supreme Court ruling that deemed certain portions of the law as a tax law.

For the people who don't understand the U.S. Constitution let me explain.

According to Article 1 of the Constitution all tax bills must originate in the House of Representatives. When the Democrats started this bill in 2009 it originated in the United States Senate because it was being sold as a purchase and not a tax.

The ruling by the Supreme Court essentially nullified the law because they ruled the individual mandate unconstitutional based on the Commerce Clause, but allowed the law to stand because of Congress' power to tax the American people. The Chief Justice essentially nullified "Obamacare" with this distinction.

This might be a way to open up new challenges to the "Obamacare" law and it will give ammo for the opposition in Congress to challenge the validity of the law based on the fact that it did violate the U.S. Constitution.



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