ICYMI: Obamacare’s individual mandate has been ruled unconstitutional, paving way for nullifying entire law

The only thing left is the gnashing of Democrat teeth

By Jon Dougherty

(TNS) Amid the ‘bipartisan’ impeachment drama this week — three Democrats voted against impeaching President Trump on Wednesday and one, a 2020 Democratic presidential contender, Rep. Tulsi Gabbard of Hawaii, voted ‘present’ — something amazing happened for American healthcare.

The 5th Circuit Court of Appeals, based in New Orleans, ruled that Obamacare’s individual mandate is unconstitutional, which most reasonable experts and analysts knew all along (because nowhere in the Constitution does the founding document give Congress the power to force Americans to buy a product, in this case health insurance).

You Might Like

Now, with this ruling (which will likely be appealed to the Supreme Court), we have the first real chance since the law passed in 2010 to get all of it struck down.

The appeals court ruled:

— Plaintiffs had standing to sue;

— Individual mandate is unconstitutional;

— Individual mandate is no longer considered a “tax,” which is how Obamacare survived the initial Supreme Court challenge (remember when Chief Justice John Roberts made up language creating a ‘tax’ in the law that even Obama argued did not exist?);

— This is essentially a punt to the lower district court, which is charged with providing more explanation on the workings of the law as it exists in its current state (recall that the Republicans’ 2017 tax reform law did away with the individual mandate penalty/requirement).

To the point regarding the unconstitutionality of the individual mandate, libertarian attorney Ilya Shapiro argued in Forbes in 2014:

As we all know, two years ago, Chief Justice John Roberts changed the Affordable Care Act’s individual mandate into a tax and thus rescued President Obama’s signature legislation. What you may not know is that with this slight of hand—or flick of the wrist—he actually sent Obamacare flying from the constitutional frying pan into the constitutional fire.

That is, if you accept the Great Alchemist’s transmogrification of a penalty-enforced regulation into a mere tax on the condition of not owning health insurance—in other words, a “unicorn tax,” a creature of no known provenance that will never be seen again—if you accept that, you torque up the ACA’s constitutional tension vis-à-vis the Origination Clause.

You Might Like

Article I, Section 7, Clause 1 says: “All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.” This clause was put in to ensure that that most awesome federal power was lodged in the political body most sensitive to public opinion.

“The power to tax is the power to destroy,” John Marshall wrote in the foundational 1819 case of McCulloch v. Maryland, so the Framers wanted to ensure that any such destruction came from the people themselves.

Fast forward to December 2009, immediately before the ur-Tea Party state of Massachusetts expressed the nation’s displeasure with Obamacare by electing a Republican to the Senate. That’s when the Senate took a bill giving benefits to members of the military who were first-time homebuyers and, as George Will put it recently, “‘amended’ this bill by obliterating it.” Harry Reid renamed it and replaced its entire contents with the ACA.

Translation: Reid’s changes meant that a bill raising revenue — a tax, per se — actually originated in the Senate, not the House where the Constitution says such bills must originate.



But alas, we must impeach Trump so who among the Democrats still in office who helped pass this disgraceful monstrosity care about the Constitution, right?

  • We need your help to grow, pure and simple. Share our stories, make sure to tell your friends about this site, and click the red bell in the right corner for push notifications. 

GOT SOMETHING TO SAY? COMMENT BELOW


Get yours FREE!


7
Leave a Reply

avatar
7 Comment threads
0 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  Subscribe  
Notify of
.50cal
Guest
.50cal

The fact Homobama used the irs to force compliance should tell you the evil of this plan. Congressional pedo-satanists want no part of what they advocate for the serfs.

It’s obvious leftists are demon-seed. Satanists want to exert control over man, and enslave him. They want to spoil your kids and turn them into perverts. They want and teach your children to hate God. They feed off misery. They’re fucking evil!

Jim1937
Guest
Jim1937

It should have been called Obama Don’t Care!

Sink Jaxon
Guest
Sink Jaxon

The most insidious thing about the Obama administration and ACA, is they lobbied AARP to back and promote the ACA to make it appear it would benefit Seniors. Everytime they would mail me one of their join offers, I would send it back with big letters “YOU BACKED THE ACA AND DESTROYED MY HELTHCARE!” They were always the postage free envelopes. I know a lot of people who did the same thing. They heard us. And next time you receive one, you’ll notice they don’t have postage free envelopes anymore. Anyway if you are a member, dump them and join… Read more »

.50cal
Guest
.50cal

VA Healthcare is run by the government. Anything the government runs is inefficient, fraught with problems, and turns to shit. Socialized medicine would be no better than VA medical.

What about the website contract which was given to some relatives of Homopedobama. It sucked. It was built by retards that got a contract NOT based on merit. Nobody brings that up.

Blue North Wind
Guest
Blue North Wind

It wasn’t just a tax, it was extortion. If you DIDNT purchase the insurance you were mandated to PAY for NOT having it with your tax filings….extortion.

Joe D
Guest
Joe D

It is really sad that this even had to be ruled on by the 5th Court of Appeals. I was thrilled when Chief Justice Roberts made the comment that it is not the courts responsibility to correct bad laws passed by the legislature. He then turned around and ruled that the individual mandate was a tax even though Obama’s attorneys argued that the mandate was not a tax.

So tell us Chief Justice Roberts. What is the criteria that you use to decide what laws you can change by legislating from the bench?

SUIBNE
Guest
SUIBNE

Obama care was fraud….it was treason….and nancy pelosi insisted that you had to pass before you could read what was in it…..if that isn’t treason…..nothing is…..and that is just one crime she and her leftist cohorts have committed.

%d bloggers like this: