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REPORT COPYRIGHT VIOLATION IN REPLY
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Message Subject
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Obama Care "tax" originated in US Senate - Lawsuit poised to KILL Obama Care on a technicality
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Poster Handle
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Bucephelus |
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Post Content
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Here's the salient verbiage in the proposed Complaint: SECOND CLAIM FOR RELIEF FOR VIOLATION OF THE ORIGINATION CLAUSE (U.S. CONST. ART. I, § 7, CL. 1)
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38. The Origination Clause of the Constitution provides that “[a]ll Bills for raising Revenue shall originate in the House of Representatives.” U.S. Const. Art. I, § 7, cl. 1. Bills that are subject to the Origination Clause “rais[e] revenue to support Government generally.” United States v. Munoz-Flores, 495 U.S. 385, 398 (1990).
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40. Despite the fact that the Act raises considerable revenues, it originated in the Senate, not the House. In September, 2009, the House passed H.R. 3590, entitled the “Service Members Home Ownership Tax Act of 2009.” H.R. 3590, 111th Cong. (2009) (attached hereto as Exhibit 1). The bill would have “amend[ed] the Internal Revenue Code of 1986 to modify first-time homebuyers credit in the case of members of the Armed Forces and certain other Federal employees”; it had nothing to do with health insurance reform. Id. In November of that year, the Senate purported to “amend” the House bill by gutting its contents, replacing them with health-insurance reforms (including the purchase requirement and associated payment), and renaming the bill the “Patient Protection and Affordable Care Act.” Senate Amendment No. 2786, 111th Cong. (2009) (purporting to “amend” H.R. 3590) (attached hereto as Exhibit 2). The Senate’s substitute legislation—a revenue-raising tax bill—became the Affordable Care Act. See attached Exhibit 3 (official history of H.R. 3590 from the original bill concerning the first-time homebuyer credit through to passage of Act).
41. Because the tax originated in the Senate, and not in the House, it violates the
Origination Clause. [ link to www.pacificlegal.org] We'll see what happens. . What is described in paragraph 40 is exactly what happened with TARP iirc. Was it Constitutional then? . . No, but I'm not aware of any group who actually challenged TARP in Federal Court citing the "Origination Clause" of the Constitution. The Supreme Court is very UNLIKELY to recognize the so-called "Deeming Resolution" that Pelosi and Reid used for Obama Care. .
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Reason for copyright violation:
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