Finally, Liberty Counsel’s brief argues that Obamacare is invalid because, since it’s a tax – as the Supreme Court already ruled in June – it violates the Constitution’s Origination Clause. To pass constitutional muster, tax bills must originate in the House, not the Senate.
Before the Democrat-led Senate rammed it through in the dead of night, Christmas Eve 2009 – Senate President Harry Reid used a House bill unrelated to Obamacare, struck all the language and the title so that only the former HR number remained, and then inserted a new title and over 2,000 pages of job-killing, economy-crushing, health-care-rationing compost.
Sneaky? Yes. Typical? No doubt. Unconstitutional? Absolutely. It’s like dropping a Ford Pinto engine into a totaled Ferrari body, patching it up and then selling it to some unsuspecting dupe as a “brand new Ferrari.”
Unfortunately, America was that unsuspecting dupe.
Well, the jig’s up. The Constitution is unambiguous on this matter: “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.” Const. art. I §7, cl. 1.
As Liberty Counsel’s brief notes, “Though denominated with a House bill number, the Act actually originated in the Senate, and therefore violates the Origination Clause.”
“Obamacare represents a frontal attack to religious freedom,” said Mat Staver, founder and chairman of Liberty Counsel. “Obamacare is a train about to collide with the fundamental right to free exercise of religion. Not only does Obamacare violate the rights of religious employers because of its abortion mandate, it violates the rights of individuals who oppose abortion and the rights of all employers, religious or not.
“And to boot,” continued Staver, “the entire law is invalid because tax bills must originate in the House, and Obamacare originated in the Senate.”
Yep, doctor shortages, medical-school dropouts, skyrocketing premiums, no money for pre-existing conditions, trillions more than promised, forced taxpayer funding of abortion, critical health-care rationing and a bankrupt nation.
Welcome to America’s fall.
Welcome to Obamacare.
Zombies eat brains. If they weren’t already dead, they’d most certainly starve to death on the squalid diet of grey matter served-up by Obama, Reid, Pelosi and every other cracked skull who voted to open the curtain on this unconstitutional Obamacare freak show.
Thankfully, Chief Justice Roberts, whom I strongly suspect regrets voting to uphold it, looks to have another chance to bury it once and for all.
I wonder if that was his strategy all along.
I sure hope so.
Matt Barber is founder and editor-in chief of BarbWire.com. He is an author, columnist, cultural analyst and an attorney concentrating in constitutional law. Having retired as an undefeated heavyweight professional boxer, Matt has taken his fight from the ring to the culture war. (Follow Matt on Twitter: @jmattbarber).