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Thread: Constituionality of O'care

  1. #1
    Senior Member Gerry Clinchy's Avatar
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    Default Constituionality of O'care

    http://nationalreview.com/article/36...ndrew-mccarthy
    This article discusses why the SCOTUS approval of O-care is not necessarily the last word on its Constitutionality.

    Note the crucial qualifier: Obamacare could be upheld only as a tax. Not that Obamacare is necessarily a legitimate tax. To be a legitimate tax measure, Obamacare would have to have complied with all the Constitution’s conditions for the imposition of taxes. Because Democrats stubbornly maintained that their unilateral handiwork was not a tax, its legitimacy vel non as a tax has not been explored. Indeed, it is because Obamacare’s enactment was induced by fraud — a massive confiscation masquerading as ordinary regulatory legislation so Democrats could pretend not to be raising taxes — that the chief justice was wrong to rebrand it post facto and thus become a participant in the fraud.
    We now know Obamacare was tax legislation. Consequently, it was undeniably a “bill for raising revenue,” for which the Constitution mandates compliance with the Origination Clause (Art. I, Sec. 7). The Clause requires that tax bills must originate in the House of Representatives. Obamacare did not.
    Obamacare originated in the Senate.


    It was introduced in Congress in 2009 by Senate majority leader Harry Reid, who called it the “Senate health care bill” (a description still touted long afterwards on Reid’s website). Employing the chicanery that marked the legislation through and through, the Democrat-controlled Senate turned its 3,000-page mega-proposal into a Senate amendment. The Senate attached its amendment to a nondescript, uncontroversial House bill (the “Service Members Home Ownership Tax Act of 2009”) that had unanimously passed (416–0) in the lower chamber.


    Thanks to the Supreme Court, it is now undeniable that Obamacare was tax legislation. It was also, by its own proclamation, a bill for raising revenue. Democrats maintained that the Senate proposal would reduce the federal budget deficit by $130 billion. More to the point, the bill contained 17 explicit “Revenue Provisions” — none of which was remotely related to the House bill to which the Senate proposal was attached.


    Therefore, Obamacare is revenue-raising tax legislation, originated in the Senate in violation of the Constitution.
    There's more in the actual article, and it will flow better if you read the entire article.
    G.Clinchy@gmail.com
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  2. #2
    Senior Member zeus3925's Avatar
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    Use your spell check, Gerry!
    Zeus

    I don't want to feed an ugly dog!

  3. #3
    Senior Member swampcollielover's Avatar
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    Quote Originally Posted by zeus3925 View Post
    Use your spell check, Gerry!
    Wow, is that all you got out of this?

  4. #4
    Senior Member Gerry Clinchy's Avatar
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    Default

    Quote Originally Posted by zeus3925 View Post
    Use your spell check, Gerry!
    Couldn't find any typos ... the stuff in quotes I don't correct ... I find many typos in online articles daily. Technology obviously isn't perfect.
    G.Clinchy@gmail.com
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    Quote Originally Posted by zeus3925 View Post
    Use your spell check, Gerry!
    She states that the SCOTUS is not the final word on constitutionality of laws. And you take issue with her spelling??????

  6. #6
    Senior Member GaryJ's Avatar
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    Thanks for sharing the article Gerry. I hope the wrong is righted but .....
    Hebrews 11:3 By faith we understand that the worlds were framed by the word of God, so that the things which are seen were not made of things which are visible.

    What if all we have today is what we gave thanks for yesterday?

    Let the views of others educate and inform you, but let your decisions be a product of your own conclusions. (Jim Rohn)

  7. #7
    Senior Member Gerry Clinchy's Avatar
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    Well ... I found the typo ... in the thread title. The only place where it cannot be corrected with an "edit" (as far as I know).
    G.Clinchy@gmail.com
    "Know in your heart that all things are possible. We couldn't conceive of a miracle if none ever happened." -Libby Fudim

    ​I don't use the PM feature, so just email me direct at the address shown above.

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