The ACA tax and the Origination Clause

Remember when SCOTUS ruled 5-4 that the IRS fine in ObamaCare was a tax, so therefore, it was constitutional? Roberts may not have been selling out, but instead going for a longer, surer end to the monstrous law.

As I understand it, the fine/tax challenge SCOTUS ruled on was somewhat limited; ruling against it wouldn’t have killed the whole law. But ruling it a tax could potentially kill the whole thing dead, Dead, DEAD … because the Constitution says revenue-raising bills (i.e., tax laws) must originate in the House of Representatives and the ACA “Obamacare” bill originated in the Senate.

Sissel v. U.S. Department of Health and Human Services challenges ObamaCare on this basis. The lowest court found for Obama and it’s now before the U.S. Court of Appeals for the District of Columbia.

More than 40 members of the House have signed onto the lawsuit saying, “Given that an Origination Clause challenge against a taxing bill of this magnitude has never before been mounted, it is imperative that this Court not sanction the lower court’s superficial analysis of the Origination Clause.”

“Since the 2010 elections, the people’s immediate representatives have voted some 40 times to repeal or defund the ACA, but the senators, who sit for six years unchallenged, have never agreed. The Framers’ exact fear of taxation without adequate representation has materialized due to the complete disregard of the mandates of the Origination Clause by the U.S. Senate.”

Source:

• http://www.washingtontimes.com/news/2013/nov/17/forty-house-republicans-side-with-obamacare-origin/
• http://www.americanthinker.com/2012/10/the_origination_clause_die_harder_obamacare.html