Subscribe to The Constitution In The News

Book Review: The Conscience of the Constitution

I recently was fortunate to observe Tim Sandefur argue the unconstitutionality of Obamacare in the District of Colombia Court of Appeals under the Origination Clause.1 Following the arguments a symposium on the Origination Clause was held at the Cato Institute. After the symposium I met Mr. Sandefur and was introduced to his new book, The Conscience of the Constitution: The Declaration of Independence and the […]

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 […]

Constitution’s “Origination Clause”: Why Revenue Bills Start in the House, Part 1

This is Part 1 of a three part series discussing the Constitution’s Origination Clause.  Part 2 explains the Senate procedure of  “gut and replace”. Part 3 explains why “gut and replace” violates the Constitution. There are overriding principles embodied in the US Constitution, derived from the Declaration of Independence.  These principles are beliefs about the […]