The ACA Violates the Constitution

The Patient Protection and Affordable Care Act (ACA) violated the Constitution’s Origination Clause because it raised revenue but did not “originate” in the House of Representatives.

Under the United States Constitution’s Origination Clause (Article I, Section 7, Clause 1): “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.”

Senate Democrats attempted to satisfy the Origination Clause when passing Obamacare. The House of Representatives passed H.R. 3590, which was a small bill granting tax credits for veterans. Senate Majority Leader Harry Reid stripped out every word of the veteran tax credit bill and replaced it with the ACA that ultimately passed Congress without a single republican vote and was signed by President Obama. The ACA includes billions in new revenue which the Supreme Court ruled in NFIB v. Sebelius as taxes.

Senator Reed knew substituting every word of the veteran tax credit bill with the ACA was wrong but the only path he could take to get the ACA passed.  It doesn't surprise me that our President has also selectively implemented the ACA and many other laws during the last five years.  The President has "modified" or "suspended" laws that only Congress can change, further empowering the executive branch of government.

The republican's in the House fought long and hard to repeal the ACA but right before the government shut down they admitted defeat and sent the Senate a bill keeping the government open that included a delay in the implementation of the ACA's personal mandate. 

The Senate voted 54-46 to strip this language from the House funding bill which resulted in a sixteen day (the third longest) government shutdown.  A shut down that could have been adverted by a delay in the personal mandate that the President, under pressure from fellow Democrats, has since allowed but Executive Letter.

I think it's important to know that throughout history our government has been out of money for a total of 128 days and that Democrats have been responsible for the vast majority of this. 

Even with Pesident Carter, both the House and Senate controlled by Democrats the government ran out of money five separate times totaling 57 days. It's funny to note somehow the government really NEVER shut down during this time.