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Liberty’s Obamacare Challenge Provides Glimmer of Hope

Bill258 Wrote: Mar 12, 2013 10:33 AM
The "Origination Clause" in the U.S. Constitution (Article I, Section 7) requires that taxes be initiated in the House. The Senate took a House bill dealing with veterans and deleted the title and all text, leaving only the bill's number. Obama Care was then inserted. The Supreme Court characterized the penalties in Obama Care as federal taxes, but was not asked and did not address the issue of which body of Congress initiated the taxes. The Pacific Legal Foundation has filed a suit (U.S. District Court for the District of Columbia) challenging Obama Care on this issue. newsandopinions dot net

In 1919, back when the United States was a constitutional republic, Congress passed a child labor law imposing a 10 percent excise tax on companies that violated it.

A North Carolina furniture maker challenged the law and won. In 1922, the Supreme Court ruled in Bailey v. Drexel Furniture that although child labor laws have a noble purpose, the means – Congress using taxing power as a penalty – was unconstitutional.

This was before Franklin Roosevelt’s court-packing threat in1937 ended the Supreme Court’s resistance to grandiose expansions of federal power. The child labor issue, by the way, was...