Eric Cantor and the big spending GOP are going to have a political stunt to repeal Obamacare tomorrow in preparation for the November election. However, there is an substantive alternative solution among many. We are not a Democraty but a Constitutional Republic. See below, Virginia state Delegate Bob Marshall's solution and call your Representative today!
To: Virginia Citizens From: Virginia state Delegate Bob Marshall (R-13, Prince William)
ACTION ITEM: Contact Speaker John Boehner, Majority Leader Eric Cantor, and your own Congressman and urge them to file a suit challenging the Obamacare’s violation of the Origination Clause requirement pointed out by Justice Kennedy in his dissent. A House of Representatives member who voted “no” or who opposes Obamacare has legal standing to file a lawsuit.
Passing an Obamacare repeal bill in the House has some value but it can and will be ignored by Senate Majority Leader Harry Reid. However, the President and Sen. Reid cannot ignore a court challenge to the “Origination clause.” (See explanation below).
CONTACT INFO: Speaker John Boehner, H-232 The Capitol, Washington, DC 20515, P (202) 225-0600, Fax: (202) 225.5117; Congressman Eric Cantor, 303 Cannon Building, Washington, DC 20515, P 202.225.2815, 202.225.4000; Fax 202.225-0011: Your Congressman Capitol Switchboard 202.225.3121 or 202.224.3121.
Because the US Supreme Court claims the Individual Mandate portion of Obamacare is a tax and not a penalty, House of Representatives’ Speaker John Boehner and other House members who voted “no” can go to federal court to block enforcement of the new found tax.
Why? Because the US Constitution requires that “All Bills for raising Revenue shall originate in the House of Representatives.” (Article 1, Section 7, Clause 1)
BACKGROUND: The legislative history of Obamacare, shows that what became the misnamed Patient Protection and Affordable Care Act originated as a Senate Amendment to HR 3590 a measure introduced by Congressman Rangel (D-NY). This bill (HR 3590) which passed the House or Representatives in October, 2010 by 416-0 actually REDUCED revenues to the federal treasury. It granted tax credits to military, Foreign Service and US intelligence agency home buyers who sold their homes because of work related job transfers.
The “Origination Clause” which requires that taxes originate in the House, is not a mere technicality like correcting a misspelled word. It was placed in the Constitution as a substantive condition to ensure the consent of the governed for public policies and to avoid circumstances such as those which led to the “passage” of Obamacare.
Virginia’s James Madison noted in the Federalist Papers, (No. 58) that, “The House of Representatives ... alone can propose, the supplies requisite for the support of government. They, in a word, hold the purse ... This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.”
There was serious debate in the Constitutional Convention over whether the Senate should even be allowed to amend revenue bills, much less originate them. The “compromise” was to allow the Senate to amend revenue, but not originate, revenue bills. Virginia’s George Mason said that the House “would be the immediate representatives of the people, the 2nd would not. Should the latter have power of giving away the people’s money, they might soon forget the Source from whence they received it. We might soon have an aristocracy.”
PRIOR COURT ACTION: The Supreme Court has stated, "revenue bills are those that levy
taxes in the strict sense of the word, and are not bills for other purposes which may incidentally create revenue." [Twin City Bank v. Nebeker, 167 U. S. 196, (1897)] The so-called Patient Protection “law” will increase federal taxes by almost $500 billion for the next ten years (current estimates) and many of these taxes will affect taxpayers making less than $250,000 a year.
But Obamacare started in the Senate, a mistake Justice Kennedy noted in his dissent: “the Constitution requires tax increases to originate in the House of Representatives. See Art. I, §7, cl. 1. That is to say, they must originate in the legislative body most accountable to the people ... .” Kennedy cited a 1990 Supreme Court decision involving the origination Clause, United States v. Munoz-Flores, 495 U. S. 385.
In that case, Justice Marshall noted: “To survive this Court's scrutiny, the ‘law’ must comply with all relevant constitutional limits. A law passed in violation of the Origination Clause would thus be no more immune from judicial scrutiny because it was passed by both Houses and signed by the President than would be a law passed in violation of the First Amendment.”
The Supreme Court dismissed an appeal from a lower federal court and let stand a 1915 decision invalidating the 1914 congressionally passed Cotton Futures Act because the tax did not originate in the House of Representatives (Hubbard v. Lowe).
CONGRESSIONAL RESEARCH: The Library of Congress’ Research Service (CRS) in 2011 analyzed the constitutional requirements of the Origination Clause that relate to the Obamacare origination clause violation.
Let your Congressman know you have read the CRS publication excerpts which note:
“... House precedents indicate a wide spectrum of tax and tariff actions that have been excluded on the basis of the Origination Clause ... a concurrent resolution reinterpreting a definition in the tariff act of 1922; bills providing for a bond issue; amending the Silver Purchase Act; exempting receipts from the operation of the Olympic Games from taxation; and redetermining a sugar quota involving a combination of tariff duties and incentive payments.”
“ ... in 1807, the House objected to consideration of Senate amendments to a tariff bill that went beyond the details of the bill, and in 1872, the House tabled a Senate substitute to a House revenue bill when it sought to expand significantly the scope of the underlying measure. In the latter example, the House had passed H.R. 1537 (42nd Congress) which repealed duties on coffee and tea, whereas the Senate amendment contained a general revision, of various laws imposing duties and internal taxes.”
[The Origination Clause of the U.S. Constitution: Interpretation and Enforcement, James V.
Saturno March 15, 2011, Congressional Research Service 7-5700, RL31399, pages 5-6]
Based on these historical illustrations from the CRS and Justice Kennedy’s point that passage of Obamacare violated the Origination Clause requirement, failure to press a suit means your Congressman is unwilling to use the full authority you gave him to protect your rights.
The Founders of America put their lives on the line. Republican Congressman, and a few Democrats opposed to Obamacare, merely have to endure criticism from liberal media critics.
Thank you for your diligence and help!
Sincerely, Delegate Bob Marshall, PO Box 421, Manassas, VA, 20108 cell 703-853-4213 Donate to help Bob get re-elected to the VA House of Delegates.