ObamaCare was not written as a tax. Only the House of Representatives in Congress can write a law that creates revenue through a tax, per Article 1 Section 7, of the US Constitution. ObamaCare was presented as a penalty. Thereby rendering it null and void.
We here at PushBackNow.com & USDefenceLeague.com have been effusively attempting to educate the American populace of the factual truth regarding the legality and Constitutionality of: ObamaCare aka The Affordable Care Act. It is NOT in any way, shape or form the “Law of The Land!”
Because ONLY The US House of Congress can initiate a law, a tax law, a bill or a resolution that demands money from the American People. The bill or law cannot be re-written from a penalty to a tax, created after the fact in SCOTUS, in the midst of a Constitutional review in the highest court of the land: The United States Supreme Court. As powerful of a court as they are, they cannot create, initiate, birth, write, draft, re-write, implement or mandate ANY laws, bills, taxes, resolutions or Constitutional Amendments period. They can ONLY review the Constitutionality of a case before them!
Again, ObamaCare was not written as a tax. Only the House of Representatives in Congress can write a law that creates revenue through a tax. ObamaCare was presented as a penalty, thereby rendering all Executive Branch, Legislative Branch and Judicial Branch offspring, clones, twins and any variations pertaining to ObamaCare aka ACA (Affordable Care Act) null and void. And Here’s proof… One last thing, after you read it, share it, teach it and preach it. This is Truth, and Truth always prevails.
Article 1. Section. 7.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
This should be the end of the conversation, but alas the proponents of the anti-ethical and burdensome ObamaCare Socialist One Payer Anti-American dream repeat their false mantra that it is the “law of the land” so deal with it. It is not. You deal with that! Liberals and radical Democrats and, unfortunately even some RINOs, have similar dreams for illegals to be supported by the ‘one-percenters’ and middle-income Americans amidst this great Republic of The United States of America. The Affordable Care Act’s weight will be shouldered by the healthiest and hardest working and doled out indiscriminately. The method of administering ObamaCare via its ‘Marketplace’ is another discussion entirely. And the means, using the IRS The Internal Revenue Service to regulate after such partisan assaults would be laughable if it weren’t so dangerous! The facts are facts and ObamaCare/Affordable Care Act is a reprehensible illegal mandate pushed onto the American people via unauthorized, illegitimate and UN-Constitutional means. It is therefore NULL and VOID. Take that Mr. President, Democratic Congress, RINOs, et al, or, submit yourselves unto the legislative mulch you created and languish thusly by applying ObamaCare to yourselves at once! We The People will stand up against this, and every unlawful mandate and protect our Republic. Now let’s hear from another Wide Awake Conservative voice. ~-PBN
By Ann Coulter
No major legislation has ever been passed like ObamaCare — and I’m using the word “passed” pretty loosely. It became law without both houses ever voting on the same bill. (Say, is the Constitution considered “settled law”?)
Not one Republican voted for it — and a lot of Democrats immediately wished they hadn’t. Historically, big laws have been enacted with large, bipartisan majorities.
In 1935, President Roosevelt enacted Social Security with a 372-33 vote in the House and 77-6 in the Senate. In 1965, Medicare passed in the Senate 70-24 and the House 307-116, with the vast majority of Democrats supporting this Ponzi scheme and Republicans roughly split.
Reagan’s magnificent tax cuts in 1981, which Democrats now denounce as if they’d been appalled then, passed 89-11 in the Senate and even 323-107 in the hostile Democratic House. Even Bill Clinton’s signature legislative achievement — Midnight Basketball for the Homeless — won more bipartisan support than ObamaCare.
No law, certainly not one that fundamentally alters the role of the government, has ever been passed like this. But now, this greased-through, irregular law is relentlessly defended as “settled law” and “the law of the land”! (At least the parts that Obama hasn’t unconstitutionally waived — again, anybody know if the Constitution is “settled law”?)
Wow, ObamaCare sounds fantastic! Not only does Congress refuse to live by it, proponents’ strongest argument is that it’s “settled law”!
The most hilarious part of the “settled law” argument is that it’s coming from the left, for whom nothing is ever “settled” until they get their way. Liberals seem to believe our Founding Fathers sought to create a country where the pushiest always win. (That’s why they’re the party of trial lawyers.) They want the nation’s policies to be determined by a never-ending co-op board meeting dominated by the most obnoxious shareholders.
As New Yorkers are about to discover if they elect Bill de Blasio mayor, for example, liberals will never abandon their plans to hamstring cops and spring criminals.
For 30 years, New York City tried the Democrats’ approach to crime. The result was an explosion of murders, rapes, permanent disfigurements, robberies, car thefts and burglaries. Then Rudy Giuliani came in and saved the city. The dramatic decrease in crime effected by Giuliani’s crime policies made commerce, tourism — life! — possible again in New York.
But liberals have been biding their time, waiting for people to forget, itching to get their hands on the levers of power so they can start releasing criminals again. (Or as Democrats refer to them, “our base.”)
Wasn’t “stop and frisk” “settled law”? Why yes, it was, upheld in 1996 by a New York appeals court in People v. Batista. But that settled law was recently overturned by a liberal judge in a case funded by George Soros.
Hey, does anyone know if the Second Amendment is “settled law”? And how many dozens of states have expressly voted against gay marriage? Are we up to three dozen yet?
But liberals consider repeated votes of the people merely an invitation to run to the courts to get the people’s will overturned. California voters said “no” to gay marriage in a statewide initiative to amend their constitution. State courts upheld the amendment prohibiting gay marriage. You might say the No-Gay-Marriage amendment was — what’s the expression? — “settled law, upheld by the courts.”
Liberal groups appealed to the federal courts, where an activist judge, who happened to be gay, issued a PC ruling overturning the will of the people. His work done, the judge then resigned from the bench.
Oh — and how has the left treated “settled law” on race preferences? The fight against racial discrimination goes back to the Civil War, Reconstruction and a slew of Republican amendments to the U.S. Constitution. But Democrats refuse to give up discriminating on the basis of race. (They just switched which race gets screwed.) The triumph of a color-blind political system lasted for about six minutes before Democrats were at it again.
In 1996, the people of California voted to amend the state constitution to prohibit race discrimination by the state. Liberals sued and sued and sued to overturn a majority vote of the people that merely affirmed constitutional rights won by the Civil War nearly a century and a half ago. They lost. The Ninth Circuit Court of Appeals upheld the amendment and the Supreme Court refused to review that ruling, making the anti-race discrimination amendment … the “law of the land”!
But liberals won’t stop. Michigan voters approved a similar amendment to their state constitution in 2006. Guess what “settled law” is on its way to the Supreme Court? Again. Right now. It’s been 17 years! (One-hundred and forty-eight years, if we’re counting from the end of the Civil War.)
Liberals will fight until they get their way — and, as soon as they do, they announce their one victory is “settled law.”
That’s what happened with ObamaCare. Weren’t Americans reasonably clear about not wanting a hostile takeover of our health care system the last time Democrats tried it? Hillarycare was so widely reviled that the majority Democratic Congress never held an up-or-down vote on it.
In the very next election, the public punished Democrats for even thinking about nationalizing health care by voting in a Republican Congress for the first time in almost half a century.
ObamaCare wasn’t passed because the nation changed its mind. We got ObamaCare because, at a brief moment in time, the Democrats happened to have aberrationally large majorities in the House and Senate, as well as the presidency. It was quickly and unconstitutionally enacted on a strictly party-line vote.
In the very next election, the American people elected 63 new Republicans to the House of Representatives — the largest sweep of Congress for any party since 1948. Even liberal Massachusetts elected a Republican senator solely because of his vow to vote against ObamaCare.
This is why the duly elected Republican majority in the House keeps funding the entire federal government — except ObamaCare. Or except Congress’ exemption from ObamaCare. Or except the individual mandate that Obama has already waived for his big-business friends. “Settled law” has nothing to do with it.
When Republicans won’t give up on an issue, it is because they are defending the will of the people, not pushing some harebrained scheme cooked up by a small group of zealots and imposed on the nation by an activist judge or freak Congress.
Originally Published Title: “ObamaCare Is Only “Settled Law’ Because Dems Say It is”