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If ObamaCare Is a Tax, Did It Violate the Origination Clause?

September 22, 2012
Ashton Ellis
9/20/2012

This summer, five justices on the United States Supreme Court rewrote ObamaCare to say that its individual mandate to buy health insurance is a tax, not a penalty.  But if that’s true, it raises another constitutional question that the Court did not address.  Did the process of passing ObamaCare into law violate the Origination Clause?

A lawsuit filed by the Pacific Legal Foundation argues yes.

PLF’s argument is straightforward.

In order for a new tax law to be valid, it must begin (originate) in the House of Representatives.  So says the Origination Clause in Article I, Section 7, clause 1 of the Constitution: “All Bills for raising Revenue shall originate in the House of Representatives,” but that “the Senate may propose or concur with amendments as on other bills.”

And now… the rest of the story. …..

One Comment leave one →
  1. September 22, 2012 7:49 am

    Reblogged this on BPI reblog and commented:
    Very interesting.

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