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Did Obamacare Violate the Constitution’s Origination Clause? No. . . and Yes 0
- CONSTITUTION, ObamaCare, Supreme Court, Uncategorized
- August 5, 2014
Note: This a modified version of an article that appeared at The American Thinker. Two years ago, the Supreme Court declared Obamacare’s penalty for failure to purchase conforming insurance to be a “tax.” Several plaintiffs subsequently sued in federal court arguing that the penalty is invalid for violating the Constitution’s Origination Clause. The Origination Clause
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The Results Are In: The Obamacare “Penalty” Didn’t Violate the Origination Clause, but Obamacare’s Regulations Did 0
- CONSTITUTION, ObamaCare, Supreme Court, Uncategorized
- May 20, 2014
Is the penalty for not buying insurance in the Affordable Care Act (ACA—Obamacare) unconstitutional as a “tax” that originated in the Senate? Under the Constitution’s Origination Clause, the answer appears to be “no”—the Senate’s decision to add the penalty to the underlying bill was not a violation of that Clause. But under the same provision,
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