ACA (aka ObamaCare) Illegitimate at Birth

16 November 2015 AD/4 Kislev 5776affordable care act logo

Constitutional Conundrum

Question: When is a tax not a lawful tax?

Answer: Any time a tax is not made according to the U.S. Constitution.

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. – U.S. Constitution, Article I, Section 7

A suit by the Pacific Legal Foundation against the U.S. Department of Health and Human Services was filed on October 26, 2015. The suit is titled “Sissel v. United States Department of Health & Human Services

While the bill under construction in Congress, these taxes were called penalties, not taxes. It was while the Obama administration argued before the Supreme Court those penalties came to be called taxes. Chief Justice John Roberts wandered all over the ‘constitutional map’ in his defense of the Affordable Care Act.

In his deciding opinion in the cases challenging the Patient Protection and Affordable Care Act (AKA Obamacare), Chief Justice John Roberts first says the mandate in the law requiring individuals to buy health insurance is not a tax.

Then he says it is a tax.

He upholds the individual mandate—as a tax, not a penalty—as the law of the land. But then says it would not be “unlawful” for Americans to violate the law’s mandate that they “shall” buy health insurance–as long as they are willing to pay the “penalty” for not obeying the law.

Roberts first examines the question of whether the Anti-Injunction Act prohibits Americans from bringing suit against Obamacare at this time. –

Justice Roberts seems somewhat familiar with Article I, Section 8; he is apparently unfamiliar with Section 7. Yes, Congress has the authority to enact taxes, but all taxes must originate in the House of Representatives. All the taxes (or penalties) in the ACA originated, instead, in the Senate.

What You Can Do

Pray that God will rule in the affairs of man. Pray that the Holy Spirit of God will work in the hearts and minds of Supreme Court Justices to rule in favor of the Pacific Legal Foundation.

You can also donate to support the Pacific Legal Foundation via linked image below.

give to pacific legal foundation

John White
Rockwall, Texas

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