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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?

To: DuckTapeSunroof who wrote (70993)	11/15/2014 10:59:29 PM
From: i-node	Read Replies (1) \| Respond to of 71588

>> There have been FAR too many other pieces of legislation passed exactly the same way over the past 50 years (taking a revenue bill once passed by the House, stripping it's contents out and replacing with new contents, then sending back to House and out to Senate for votes to pass....) The Court has never decided a case similar to the ACA. I would recommend taking the time to read the amicus brief submitted on behalf of Congress, which imo, sets out the argument better than the other filings in the case. Typically, the cases that have been heard have been where revenue bills were gutted and amended. The bill that was gutted and amended in the case of the ACA was not a revenue bill at all. And that matters. The Court has held before that revenue which is incidental does make a bill a "revenue" bill. But with the decision of the Court two years ago, tax increases became CENTRAL to the ACA. A compelling argument can be made that if the Framers didn't intend the Origination Clause to apply in the case of as sweeping a tax bill as the ACA (with no fewer than 20 separate, substantial tax increases), when did they mean for it to apply? Now, the administration is even on record claiming it was a tax increase. If the Court doesn't find the Origination Clause was violated, they might as well strip it out of the Constitution as it will never be applied to anything.