First I must say that reading the posts on Ricochet about Obamacare and the constitutional arguments on either side has been a great review for my Con Law class! I am curious though, why has Article 1 Section 7's requirement that all Bill for raising revenue must originate in the house not been a part of any discussions about the constitutionality of Obamacare? The focus is on either the tax and spend power or the commerce clause, both of which have, as Prof. Epstein has laid out, been grossly expanded flowing the New Deal. Even if the administration's position that the penalty is a "tax" is allowed it seems that they have a problem with Article 1 section 7, as the Bill passed was the Senate Bill. Based on my neophyte level of understanding Constitutional Law this seems to be a stronger argument against the law's validity, in that it implicates the political process. Precisely because of the political process - the election of Sen Brown - Congress bypassed the Constitutional structure to pass the Bill. Why has this not come up or what am I missing?
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