New Obamacare Challenge: The Origination Clause
The Pacific Legal Foundation has filed a motion in its pending suit against
Obamacare asking the judge (1) to rule that, when it enacted the Senate health
care reform bill that includes a “tax” for not purchasing health insurance,
Congress violated the Origination Clause, which says that all revenue bills must originate in the
House; and (2) that their clients are under no legal obligation to
purchase health insurance under the ruling of the Court.
The first of these issues was never litigated before the Supreme Court and
remains open; the second
concerns the meaning and effect of the Supreme Court’s ruling that the
“requirement” to purchase insurance was unconstitutional under the Commerce and
Necessary and Proper clauses (and that only the “penalty,” not the requirement, was upheld
as an exercise of the tax power).
AND...A REAL CORKER:
"The fact that we are here today to
debate raising America's debt limit is a sign of leadership failure. It is a
sign that the US Government cannot pay its own bills. It is a sign that we now
depend on ongoing financial assistance from foreign countries to finance our
Government's reckless fiscal policies. Increasing America's debt weakens us
domestically and internationally. Leadership means that, 'the buck stops here.'
Instead, Washington is shifting the burden of bad choices today onto the backs
of our children and grandchildren. America has a debt problem and a
failure of leadership. Americans deserve better."
-- Senator Barack H. Obama, March 2006
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