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


To: DuckTapeSunroof who wrote (71230)2/1/2015 12:16:40 PM
From: i-node  Read Replies (1) | Respond to of 71588
 
The circumstances under which the ACA was enacted have never been decided by the Court.

That is, where the law in question was used to raise funds (100s of billions) to go into the general fund without any restriction on how the funds are used. That is a fundamental difference in the ACA that logically differentiates it from every other case the Court has heard.

The argument will be, "If the Framers felt it necessary to put an "Origination Clause" in the Constitution such that the House of Representatives had the "Power of the Purse", under what circumstances WOULD the clause have that effect, if not in this instance?"

The reality is that if the origination clause has any meaning at all, EVER, then this is the case. If they do not adhere to it and void the law, it will be a tacit REMOVAL of the clause from the Constitution. I'm not sure this court is going to be willing to do that.