Obamacare IS Illegal
Affordable Care Act (aka Obamacare)
Bills originate in EITHER the House or the Senate. They are discussed, voted on, and when passed, are sent to the other house for ratification. That house brings it to the floor for discussion, then either votes for it "as is" OR modifies the bill (via committee) before the vote. If passed as is, it is sent to the president, If a modified bill is passed, then a Conference Committee made up of members of both houses discuss it until a variation of the original bill that both houses agree on is sent to both houses for a vote or until it "dies in committee".
(You can get a detailed explanation here: Government 101 > http://bit.ly/1hHpg4f)
Origination of Obamacare
The Senate originated the 2500 page Obamacare just days of when it had to be voted on. MOST of the Senators NEVER read the bill at all and those that tried found that it incorporates existing laws which made the bill over 15,000 pages in all, Debate on the bill was limited because NO ONE in the Senate knew what was in the bill. However, even not knowing what was in it, it was voted on and passed with only the Democrats voting for it.
It was then sent to the House. It was rushed to the floor for an immediate vote. Again, with NO TIME for anyone to read and study the bill, there was little debate. The biggest argument (made by Republicans) was the fact that it should not be passed BECAUSE no one had the chance to really study the bill and its effects once made into law. Nancy Pelosi is now famous for her support of the bill via her statement; "We must pass the bill to find out what is in it!"
It was passed by both houses with NO Republican votes (Democrats had what is called a SUPER MAJORITY) and it was sent to the President and quickly signed into law. Unfortunately we are now learning "what is in it" and it is destroying our country. One area of contention that was learned after it was passed, is that the Federal Government is forcing the citizens to buy a product.
This is in complete violation of the Commerce Clause that declares that the government CANNOT force its citizens to buy specific products. This was to prevent the government from forcing people to buy, let's say cucumbers (whether they liked them or not) just to bolster that industry. In this case, Big Insurance is bolstered because everyone is forced to buy insurance or pay a tax.
So, isn't that illegal?
The answer is "yes" IF the intent of the bill was healthcare. However, this was NEVER a "healthcare bill". If they were truly concerned about 10 million people not having healthcare, they could have simply modified the Medicaid eligibilities and provided it. THEY DID NOT NEED 15,000 PAGES OF LAW!
Obamacare is NOT a healthcare bill.... and THAT is why it is illegal!
The bill was written in such a way that the tax is cheaper than the insurance so most people will pay the tax. Thus the government can use this a major source of income. The initial estimate is that the government will net a minimum of $1.3 trillion in new revenue.
The Obamacare Tax
The Supreme Court upheld ObamaCare on June 28, 2012. The final ruling on ObamaCare was made by Supreme Court Judge Vinson. The basic idea of the ruling was that ObamaCare was declared a tax and not a mandate and was therefore declared constitutional.
Chief Justice Roberts:
"The Affordable Care Act's requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness."
The Constitution
Article I, Section 7, Clause 1: Origination Clause
All Bills for raising Revenue shall originate in the House of Representatives
(The Obamacare Tax originated in the Senate!)
Article 6 Section 2: Supremacy Clause
Only federal laws that do not violate the Constitution are valid.
Origination of the Obamacare Tax in the Senate violates the Constitution; therefore, IT IS INVALID!!!
Laws that are unconstitutional are, by their very existence, legally unenforceable. We do NOT have to obey them and ANY GOVERNMENT ENTITY that tries to enforce them violates their oath of office and should be removed.
Enforcement
Obama, Congress, etc. all vowed to uphold and defend the Constitution. To support the Obamacare Tax is a direct violation of their oath and they should be held accountable and maybe even brought up on charges.
The almost scary aspect of the "HEALTH" bill is some of the "what's in it" that we are learning about every day.
QUESTIONS:
Why are there 16,000 military trained IRS agents in place to ENFORCE a "HEALTH" bill? Would it be that they need enforcers that are NOT pledged to uphold the Constitution?
Why are there rules and procedures in the "HEALTH" bill that allows FEMA and the DHS to take control over us? Again, would it be that these are agencies that report to Obama and are not in place to defend the Constitution?
Why is Obama, Reid and the Dems willing to shut down the government to make sure this bill is funded? I feel the answer to that is obvious. >>>> 1.3 TRILLION DOLLARS!!!!
They (Obama, Reid, Pelosi and the other Dems) are determined to get their hands on the $1.3 TRILLION DOLLARS of NEW TAXES written into the "health care" bill.
They LIED to the people originally saying "the bill contains NO TAXES".
The Supreme Court had to allow the bill to remain as law because the bill was deemed to primarily be a TAX and is NOT primarily about healthcare.
Now they are willing to do whatever it takes to KEEP THE TAX they have worked so hard to get.
... and here is the BIG question:
How far will they go to get the tax money? Will they actually invoke martial law to enforce it? They went to great lengths to make sure they had an army in place - what is that for?
Bottom Line
I have no idea why, the fact that the Obamacare Tax is Constitutionally illegal, has not been brought up before now. You would think that Constitution scholars would have jumped right on it!
What we need to do is to share this fact with EVERYONE; and hopefully someone will get it to powers that be that can use it.
THE OBAMACARE TAX IS CONSTITUTIONALLY INVALID AND NEEDS TO BE THROWN OUT!