Obamacare: A massive tax bill that started on the wrong side of the Capitol BuildingPLF’s challenge focuses on the individual mandate, which requires nearly all Americans to buy a federally prescribed health insurance plan or pay a penalty to the federal government — a charge that the U.S. Supreme Court identified as a “tax” in its 2012 ruling on Obamacare. Because Obamacare’s individual mandate is a tax — and, indeed, Obamacare includes more than $500 billion in new taxation, in all — the law should have been initiated in the House, where Article I, Section 7, of the Constitution says new taxes must “originate,” in order to keep the taxing power close to the people. However, in defiance of this constitutional requirement, Majority Leader Harry Reid launched the law in the Senate, by taking an entirely unrelated House bill on housing for veterans, stripping it, and inserting the language that became Obamacare.
Obamacare’s fiascos aren’t new: They started with the violation of the Origination Clause“The current attempts to roll out Obamacare are frankly a fiasco,” said Beard. “These chaotic problems are symbolic of how, from the first, this law was foisted on the American people in a rushed and arbitrary way that ignored the careful and considered process laid down in the Constitution. The Constitution’s requirement that new taxes must start in the House is not a dusty formality. It’s an important safeguard for taxpayers, and for care and deliberation in the enactment of new taxes. Because this mandate was violated so flagrantly with Obamacare, and because the individual mandate is so central to Obamacare’s structure, our suit argues that the entire law must be struck down.”