Maybe, Just Maybe . . . Obamacare is Unconstitutional

Joanne Moudy

5/18/2014 12:01:00 AM - Joanne Moudy

There is no doubt in any sane mind that Obamacare is a travesty on the U.S. Constitution and a terrible fraud perpetrated on America citizens. Yet it seems as though we’re all stuck with it . . . or are we?

On Friday Congressman Trent Franks (R-AZ 8th Dist.), led the charge in filing an amicus brief in the U.S. Court of Appeals for the 5th Circuit in New Orleans, in the case of Steven Hotze, M.D. v. Kathleen Sebelius, ramping up efforts to prove, once and for all, that the entire basis for the ACA bill was bogus in the first place.

Mr. Franks, along with 42 of his colleagues, including Rep(s) Michele Bachmann R-MN D-6), Matt Salmon (R-AZ D-5), David Schweikert (R-AZ D-6), and Steve King (R-IA D-4), banded together in a show of support to overturn Obamacare for violating the Origination Clause of the U.S. Constitution.

According to Mr. Franks’ office, the case began in a Texas federal court and raises the issue of whether or not Obamacare violated the Origination Clause because the entire language of the bill actually originated in the Senate, instead of the House as required for all bills raising revenue.

The question stems from October 2009, when the House passed H.R. 3590, titled at the time as “Service Members Home Ownership Tax Act of 2009.” H.R. 3590 was supposed to make certain changes to the IRS code, specifically to extend or waive the recapture of a first-time homebuyer credit for certain members of the armed forces.

The obvious question any intelligent person should be asking themselves right now is, ‘What exactly does this bill have to do with health care?’ You’re right – absolutely nothing.

The fairly innocuous bill passed the House and was sent to the Senate. Upon receipt, the Senate promptly stripped everything from the bill – except the all important # 3590, then inserted the language of the Affordable Care Act and subsequently passed it on December 24, 2009. The entirely new H.R. 3590 then went back to the House for final approval.

Yet absolutely nothing remained of the original bill and Rep. Pelosi knew it. As the then Speaker of the House, she rammed H.R. 3590 through on March 21, 2010 as amended by the Senate. Concurrently, the House passed H.R. 4872, entitled the “Health Care and Education Reconciliation Act of 2010,” which made certain amendments to the ACA. President Obama signed H.R. 3590 into law on March 23, 2010 and H.R. 4872 on March 30, 2010.

The Origination Clause in the U.S. Constitution provides that “….all Bills for raising Revenue shall originate in the House of Representative; but the Senate may propose or concur with Amendments as on other Bills.”

Since Obamacare contains 17 separate tax provisions raising approximately $500 billion in taxes, it is most assuredly a tax bill, which most assuredly did not originate in the House. Furthermore, The U.S. Supreme Court ruled the individual mandate to purchase health insurance could only be constitutional, if at all, under Congress’s power to tax.

“If the Senate can introduce the largest tax increase in American history,” Mr. Franks said, “by simply peeling off the House number from a six-page unrelated bill, which does not even raise taxes, and pasting it on the ‘Senate Health Care Bill,’ and then claim with a straight face that the resulting bill originated in the House, then the American ‘rule of law’ has become no rule at all.”

In addition to pressing his case in the courts, Congressman Franks is the sponsor of House Resolution 153, with 56 co-sponsors, expressing the sense of the House of Representative that Obamacare violated the Origination Clause. Just last week, Mr. Franks also held a contentious hearing on the topic before the House Judiciary Subcommittee on the Constitution.

The saddest thing is that none of the Arizona congressional leaders with a “D” behind their names supported this amicus brief, presumably because of their support of this illegal method of taxation. Offices of Rep(s) Ron Barber and Kyrsten Sinema were contacted, yet neither had a single comment. Maybe it’s time for a significant change.

Wendy Rogers, the retired U.S. Air Force Pilot who’s running against Sinema in AZ D-9 feels strongly the Obamacare has been an unmitigated disaster. “Most disingenuous of all, is Rep. Sinema,” Rogers said. “She actually helped to write the original tenets of Obamacare before she went to Congress and has consistently been President Obama’s cheerleader for it in Arizona.”

Rogers went on to explain, “In order for Sinema to save face in her district, she voted with Republicans to delay the individual mandate and extend the workweek to 39 hours. She purposely voted this way, knowing it would never pass the Senate or a presidential veto. Sinema isn’t about caring for sick people at affordable prices, she’s about hijacking the Constitution to control one-sixth of the nation’s GOP. Sinema is what’s wrong with Congress.”

Chuck Wooten, who’s running against Barber in AZ D-2 said, “I roundly applaud Congressman Franks and his co-sponsors for forcing the will of the people, through Constitutionality and precedent, to undo the ACA which has been aptly named, “the greatest fraud perpetrated on the American people.”

According to Wooten, it’s no secret the Obama administration and Democrat lawmakers intentionally deceived the citizenry – purely for ideological gain. “The American people, led by Congressman Franks and his co-sponsors have busted those responsible for the fraud and I’m confident justice will prevail and this train wreck will be once and for all vaporized into a bad memory,” Wooten said.

Too bad Rogers and Wooten aren’t already in Congress . . . just think how nice it’d be to have these two names on this amicus brief.

For those of us hoping against hope for a way out of the Obamacare nightmare, this seems like the all important light at the end of the tunnel. Hats off to the elected men and women taking a stand against fraudulent, tyrannical government and lets make sure the right folks make it to Washington in November.