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Halbig & King, Not Just About Obamacare, But Who Makes Our Laws

Obamacare is clearly not out of the legal woods, as demonstrated by the Federal Appeals Court decisions of Halbig v. Burwell[1] and King v. Burwell[2] both decided on the same day and reaching different results.   In Halbig the court found that the IRS had written law rather than enforced it and the King court found […]

Three Court Cases That Should Doom Obamacare

Over 100 cases are in federal court challenging constitutional aspects of the Affordable Care Act.  Most cases address a specific portion of the act and may alter a portion, but not overturn the entire law. Three cases have potential to doom the entire law. These cases involve the Constitution’s Origination Clause which requires that “…bills […]

Constitution’s Origination Clause: Why Revenue Bills Start in the House, Part 3

Part 1 examined the history and purpose of the US Constitution‘s Origination Clause.  Part 2 introduced the Senate practice of “gut and replace” that pretends to comply with the Origination Clause.  This article explains why “gut and replace” violates the Constitution.[1] The Origination Clause provides that laws for raising revenue[2] must have started in the […]

Constitution’s “Origination Clause”: Why Revenue Bills Start in the House, Part 2

For Drafters of the Constitution, a vexing problem was to establish a government that would give life to the philosophies of the Declaration of Independence and meet the practical political considerations of merging diverse states of differing size and traditions into a nation. Among the solutions was the Constitution’s Origination Clause in Article I, Section […]