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 […]