Obamacare may have further challenges ahead, the ruling this week may not be the final end. The Supreme Court struck down the individual mandate as an unconstitutional penalty under the Commerce Clause, but upheld it as a permissible tax. Here is the problem.
Justice Roberts decision that the Mandate is Constitutional due to it being a TAX just made the whole ObamaCare Bill unconstitutional.
The reason why is that all revenue legislation must be originated in the House of Representatives to allow all districts a voice. In this case the House version was tossed out and the version submitted to Obama was originated in the Senate. This was not a problem at that time because the law fell under Commerce, and it was stressed it was not a tax.
That all changed with the Supreme Court ruling it a tax this week. A new tax cannot be drafted by the Senate. All tax bills must originate in the house because this country is (or was) a democracy and it must be voted on by all members.
Article I, Section 7 states that all revenue bills shall originate in the House of Representatives but the Senate may propose or concur with Amendments as on any other bills. The reason for this is that at the time the Constitution was written, it was felt that Senators would be more wealthy than Representatives and might be willing to spend more government money than the Representatives would. Also, the House with its greater numbers was seen as being the better guage of the wishes of the people for spending measures.
In the next few weeks we will see the mainstream coming out and challenging Obamacare.
Spread the news fellow Americans!!!
