The American people can stop Obamacare. It will take some guts and some risk, but we can shut it down tomorrow. Let me explain.
In National Federation of Independent Business et al v. Sebelius, Secretary of Health and Human Services, et al., the Supreme Court ruled the Patient Protection and Affordable Care Act (Obamacare) penalties to be a tax, not a penalty. Chief Justice Roberts was chastised for this action. It has always been my belief that Justice Roberts’s actions and opinion was brilliant and eventually history would vindicate his decision and his wisdom.
Roberts gave America a skillfully crafted opinion and the opportunity to shut down the law. He also avoided having his court—a court that he will preside over until he retires or dies—from being accused of legislating from the bench; at least by liberals who were stoking the fires of discontent during the US Supreme Court Obamacare hearings.
The U.S. Constitution’s Origination Clause (Art. I, Sec 7) require all tax bills to originate in the House of Representatives. Obamacare or the Affordable Care Act originated in the Senate making the laws tax unconstitutional. No argument was made over the penalty provision of the law. Only that the laws mandate was unconstitutional.
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.
–Article 1, Section 7
No one thought to argue that the penalties were in fact a tax. During the legislative process, the Democrats fought long and hard to convince Americans that they “would not be taxed.” Remember? Democrats and the liberal media told the country—repeatedly–that people who did not sign up would pay a penalty, not a tax.
Chief Justice Roberts has set the stage, for what I believe, can be a massive citizen effort to bring suit to overturn the heart and soul of Obamacare legislation for the enforcement of the illegal tax provision of the law. So why has this provision of Obamacare gone unchallenged?
To bring a successful suit seeking remedy from a court, the party or parties to the suit must have legal standing. Basically, a plaintiff must show that they have suffered some direct or substantial injury or be likely to suffer such injury if a particular wrong is not redressed. Moreover, a defendant must also be shown to be the party responsible for perpetrating the alleged wrongdoing. Without standing, a case has no merit and more than likely would be dismissed.
I offer the recent Supreme Court ruling on Hollingsworth vs. Perry, or what is commonly called the California’s Proposition 8 Same Sex Marriage ban. In this case, the Supreme Court ruled that it did not have the authority to hear the plaintiff’s case, because the majority of justices agreed the plaintiff did not incur “concrete and particularized injury.” In other words, they had no standing to sue. Consequently, the case was not considered.
To date, no American has suffered “concrete and particularized injury” from Obamacare taxes. No one has been taxed yet. Therefore, no injury has occurred, and no standing can be proven. So, no suit has been brought to challenge the Obamacare tax as illegal.
If Americans joined in protest of this unconstitutional tax—by opting out, incurring the tax and suffering provable injury and establishing standing—legitimate suit can be brought to destroy this law. A suit against the Internal Revenue Service.
Without the penalty, which is now a tax, the law has no teeth. None. It can simply be ignored. It is also conceivable that if the tax is ruled unconstitutional the entire legislation becomes unconstitutional.
So why is no one in our federal legislature, a group of people dominated by lawyers, not bringing this to the attention of the American public? Why are they manufacturing another controversy over a budget they have not passed in 5 years, a continuing resolution that adds to our national debt and the pending debt ceiling increase? If overturning Obamacare is the objective, our government can simply educate the people how to get this done.
Chief Justice Roberts suggested the court is not obligated to save America from the consequences of elections. However, he has given us a gift. We should use it. To wait for our dysfunctional government, who spins one national crisis after the other to gain an edge during an election will not bring a speedy or reliable solution to this Obamacare induced crisis. Moreover, it will not decrease the cost of health insurance premiums.
Every American who finds the government takeover of our healthcare industry (18% of our stagnant economy) can come together to challenge this law and Washington politics. Simply opt out and wait for the tax.
Send a letter to your representatives telling them what you intend to do and why. Perhaps Grover Norquist’s Americans for Tax Reform would provide the vehicle for bringing suit once standing is established. My sense is that Mr. Norquist would rather run for the hills, but I am sure some liberty minded not-for-profit, social welfare group exists that can pull this together. However, it must start with the citizens. An organized group of Americans, civil disobedient Americans, can take this law down.
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