Joseph E. Schmitz’ Perspective: The Chairman of the House Judiciary Subcommittee on the Constitution, Rep. Trent Franks of Arizona, and 19 House colleagues co-sponsored H.Res. 153 on April 12, “Expressing the sense of the House of Representatives that the Patient Protection and Affordable Care Act of 2009 violates article I, section 7, clause 1 of the United States Constitution because it was a ‘Bill for raising Revenue’ that did not originate in the House of Representatives.”
The Supreme Court has never before addressed an Origination Clause challenge that was so blatantly obvious. The only surprise is that no one raised it sooner.
In this case, there is no serious question that Obamacare originated in the Senate. And thanks to last year’s Supreme Court ruling, there is now no question that it is considered a tax. It’s irrelevant whether or not the Obama administration attempts to characterize the measure as an amendment to a House bill.