1) The Federal Government has no authority to even be involved in health care under the Constitution in the first place.
It is a matter of record that the Constitution was ratified as a strict, narrowly-defined enumeration of federal powers. Anything not specifically spelled out in it as a federal power is a federal power that does not exist, and that must be left to the state and local levels.
The Framers identified each Congressional power in Article I, Section 8 (why would they do this if the General Welfare and Commerce clauses granted Congress a blank check to do whatever it wants?), and even added the 10th Amendment to further clarify that this is all it is authorized to do.
When the Architect of the Constitution himself, James Madison, was confronted with an attempt to illegally expand federal powers based on such clauses in 1817, he responded by emphatically condemning it as a lawless attempt to shred our Founding document. He also explained that the Constitution would never have been ratified in the first place if anyone involved had mistaken it to mean something so broad.
He clarified that the powers of the federal government are “few and defined,” and that the rights of the states and The People were “numerous and indefinite.” He went on to explain that such baseless butchery of what was implemented by the Founders would render “the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the Constitution would give the Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them.”
The General Welfare Clause was added to the Preamble merely to explain the purpose of this new Federal Government being created, and again to the Taxing and Spending Clause of Article I, Section 8, to enable Congress to raise funds for its authorized activities under the Constitution. This in no way changes what Congress was authorized to do.
Everything else that is illegal about Obamacare, like the Medicaid mandate, which SCOTUS struck down, is secondary. The author of the Constitution himself is on the record emphatically denying that laws like Obamacare were ever intended or authorized to exist at the federal level in the first place.
2) Obamacare violates the Origination Clause.
It is a matter of record that the Constitution was ratified as a strict, narrowly-defined enumeration of federal powers. Anything not specifically spelled out in it as a federal power is a federal power that does not exist, and that must be left to the state and local levels.
The Framers identified each Congressional power in Article I, Section 8 (why would they do this if the General Welfare and Commerce clauses granted Congress a blank check to do whatever it wants?), and even added the 10th Amendment to further clarify that this is all it is authorized to do.
When the Architect of the Constitution himself, James Madison, was confronted with an attempt to illegally expand federal powers based on such clauses in 1817, he responded by emphatically condemning it as a lawless attempt to shred our Founding document. He also explained that the Constitution would never have been ratified in the first place if anyone involved had mistaken it to mean something so broad.
He clarified that the powers of the federal government are “few and defined,” and that the rights of the states and The People were “numerous and indefinite.” He went on to explain that such baseless butchery of what was implemented by the Founders would render “the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the Constitution would give the Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them.”
The General Welfare Clause was added to the Preamble merely to explain the purpose of this new Federal Government being created, and again to the Taxing and Spending Clause of Article I, Section 8, to enable Congress to raise funds for its authorized activities under the Constitution. This in no way changes what Congress was authorized to do.
Everything else that is illegal about Obamacare, like the Medicaid mandate, which SCOTUS struck down, is secondary. The author of the Constitution himself is on the record emphatically denying that laws like Obamacare were ever intended or authorized to exist at the federal level in the first place.
2) Obamacare violates the Origination Clause.
The Origination Clause states that “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” With important modifications, the Origination Clause applied to Congress a legislative rule borrowed from the British Parliament and from several state legislatures.
The meaning of the Origination Clause as the founders understood it is as follows:
Only a representative, not a senator, may introduce a tax bill.
The bill must pass the House before going to the Senate.
However, the Senate (unlike the British House of Lords) is not bound to simply accept or reject whatever the House passes. The Senate may “amend” tax bills before passing them.
The House must approve any amendments.
The Senate’s power to “amend” permits it to change the bill as to any subject matter it already covers. But adding new subject matter, such as adding regulations or appropriations to a pure revenue bill, is outside the scope of the Senate’s power to amend.
The Senate created Obamacare by seizing a minor revenue bill that had passed the House, stripping out its contents, inserting new taxes (which it had the power to do), and adding some permanent appropriations and a Goldbergian regulatory scheme — which it had no power to do.
A purported “law” passed in violation of the Origination Clause is void. However, for a court to invalidate such a measure, litigation must be brought by the proper plaintiffs and on the correct legal theory. Previous Origination Clause plaintiffs lost because they attacked Obamacare’s taxes instead of its regulations. Plaintiffs suing for relief from regulations that harm them may have more success.