Let's Stop this MessAPolitico!

Wednesday, April 3, 2013

What about the Origination Clause in the Constitution?

The Pacific Legal Foundation has filed a lawsuit with the supreme court to stop Obamacare.  The Patient Protection and Affordable Care Act originated in the Senate.  It was challenged in the supreme court last spring as being in violation of the commerce clause of the constitution.  While the supreme court ruled that the bill was not in violation of the commerce clause, it did so with chief justice John Roberts writing that the fines that were intended to coerce people into buying insurance were actually a tax.  If he had considered the fees to be fines, he would have considered the law unconstitutional, but he clearly stated that they were taxes.  Period.

This seemed to me at the time to be setting the stage for a different challenge - that it violates the origination clause in the constitution.  The constitution states that all budget, spending, and tax bills must originate in the House of Representatives.  Since the PPACA originated in the Senate, it was unconstitutional from the onset.

So why did it take so long to bring this suit?  Chief justice Roberts laid out the road map to successfully kill the president's crowning achievement.  That would be the one that the majority of Americans have claimed that they DO NOT WANT in no uncertain terms, over and over.  (Yea, yea, I know Obama won the election and the Democrats retained control of the Senate.  That just shows how "out of touch" and/or stupid over half of the American populace it.  You know that about half the population has a below average IQ.  For you democrat voters and Obama lovers, that would be an IQ below 100.)

So get on with it Pacific Legal Foundation.  Come on supreme court.  We've got to kill this MessAPolitico before it gets implemented.  That means now.

No comments:

Post a Comment