Letter: The House could challenge ACA

November 6, 2013 

The Supreme Court ruled that the individual mandate in the Affordable Care Act (Obamacare) was a “tax,” and as such, within the taxing powers granted to Congress.

 But the U.S. Constitution specifies that all tax bills may only originate in the House of Representatives. The Affordable Care Act was initiated in the Senate. The bill contained no separability clause, and so, the entire Act is unconstitutional, as the primary “funding” mechanism — the individual mandate — is a tax.

Rep. Don Young doesn’t support ACA, and has stated so. Why then, has the House of Representatives not attacked the Act on this very simple basis? The U.S. Supreme Court can’t, after declaring the individual mandate to be a tax, uphold the Act as constitutional if it is challenged on that basis.

— Paul O. Loughman



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