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Obamacare, Constitution’s Origination Clause was Broken

Obamacare, the Affordable Care Act is back in court, according to a Yahoo! News report on Thursday. President Barack Obama’s huge health care reform law which has had so much trouble getting passed and later enacted is now being challenged on terms of legality. The latest attack on Obamacare comes from a group which says Congress didn’t pass it legally because Harry Reid and the Senate made a major mistake by passing the law first.

According to the new lawsuit, Obamacare is being challenged due to legislative maneuvering used by Senate Majority Leader Harry Reid when the law was passed some five years ago. Constitutionally, all bills that raise revenue in the United States must be originated in the House of Representatives. Harry Reid and the Senate, naturally, make up the other branch of the federal government’s Congress – and Reid and the Senate, therefore, stepped on the House of Representatives’ toes by doing first what the House legally should have done as dictated by the United States Constitution.

The case has been brought up by a public interest law group called Pacific Legal Foundation (PLF). In its court battle, it hopes to enforce the written rules of the United States Constitution, which again say that all bills for raising revenue shall originate in the House of Representatives. Obamacare is raising revenue for Obama’s health care program and the House did not take the first action on the case. The House approved the law after the Senate passed it which is in blatant violation of the Constitution’s Origination Clause. The bill originated in the wrong branch of Congress, according to CSMonitor on Thursday.

As one can rightfully assume, the Obama administration is rejecting the challenge. It has been asserted that the Supreme Court has never invalidated an Act of Congress on the basis of the Origination Clause. Critics are naturally asking: why the Origination Clause is in the Constitution if it isn’t to be used – especially in the important cases including the passage of Obamacare?

Three judges are hearing the case on Thursday at the federal appeals court in Washington, D.C. If they agree with PLF, the Affordable Care Act becomes invalidated and goes back to Congress and properly voted upon by the House of Representatives first. If the judges agree with the Obama administration and say that the law was legally passed – even though it broke the Origination Clause of the Constitution – the law proceeds. The spoiler to the likely outcome of this one is that one of the judges hearing the case was appointed by former President Bill Clinton and two of the judges were appointed by President Barack Obama.