Americans Will Soon Have Standing to Destroy Obamacare

Americans will soon have standing to destroy Obamacare. 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 Article from perpetrating the alleged wrong doing.  Without standing, a case has no merit and more than likely would be dismissed.

Written by John De Mayo of the Freedom Outpost/October 6, 2013;

http://freedomoutpost.com/2013/10/americans-will-soon-standing-destroy-obamacare/

Read more: http://freedomoutpost.com/2013/10/americans-will-soon-standing-destroy-obamacare/#ixzz2hqr1KCKl Read more at http://freedomoutpost.com/2013/10/americans-will-soon-standing-destroy-obamacare/#zYWvgo3sZ1PsBVU3.99

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s