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Politics : Formerly About Advanced Micro Devices
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To: tejek who wrote (800086)8/7/2014 1:00:43 AM
From: i-node  Read Replies (1) of 1582927
 
>> You said Reid illegally gutted the bill. He did not.

Of course he did.

HR 3590, what is now the ACA, started out life in the House as "Service Members Home Ownership Tax Act of 2009." Reid, knowing full well he could not get the ACA through the house, gutted HR 3590, including its title, and had his text of ACA inserted in its place. That is precisely what happened. And it is not the subject of any debate as to whether this is how it happened.

The problem is that all revenue bills are, under the Constitution's Origination Clause, required to originate in the House. The ACA did NOT. Pacific Legal Foundation has sued in the DC Circuit, who will surely decide against PLF's client, which sets up a Supreme Court Challenge in 2016. A lot of people think it isn't going anywhere, but it is apt to be a 5-4 decision. And the naysayers are overlooking the fact that the gut-and-amend procedure has never been heard before the Supreme Court where the original [gutted bill] did not begin life as a revenue bill.

The argument will be that if this isn't a case of violating the Origination Clause, what is? Why is the language even there if no prohibit enactment of a law originating in the Senate that raises billions in new taxes (which the Court has already made clear).

The good news is there is no partial remedy. The entire law should be declared unconstitutional. Better than a repeal.
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