So, letâ€™s see, towards the end of last year both houses of Congress passed a form of health care reform despite close to sixty percent of Americans being opposed to both bills. A few weeks later, the usually liberal voters of Massachusetts in a true sign that the polls were not lying about Americaâ€™s opposition to Obamacare, essentially replaced the late Godfather of the Socialized Medicine Movement in America Ted Kennedy with a candidate that vowed to defeat the presidentâ€™s far-left scheme for health care. Scott Brownâ€™s victory took away the Democratsâ€™ 60th seat in the Senate thus rendering them impotent in overcoming a Republican filibuster that would certainly have been employed to derail Pelosi, Reid, and Obamaâ€™s dream of European style health care in the U.S. There was utter panic in Washington. Schemes were devised to thwart the will of the people and those evil Republican fat-cats. We heard talk of deem and scheme and reconciliation being used to circumvent the Constitutional mandate of an up or down vote. Eventually, Nancy Pelosi devised a way for the House to approve the Senate bill with amendments that the Senate could vote on through reconciliation sparing them the need for 60 votes to end debate.
It seemed the Democrats were able to do the impossible â€” pass an unpopular bill that has eluded them for close to 100 years without any Republican support and 22 Democratic defectors. And they did it without even violating the Constitution. Ah, but not so fast. Article 1 Section 7 of the Constitution reads, "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." The Senate bill which has revenue raising provisions in it, namely a new Medicare payroll tax, an excise tax on â€śCadillac insurance plans, and a tanning tax, did not originate in the House as the Constitution requires. Thus, Obamacare is unconstitutional. Those compassionate politicians really ought to read the fine print before they do us anymore favors.
Now, I am not naĂŻve enough to believe that any court would invalidate the new health care legislation based on the above Constitutional violation. That is where we find ourselves in 21st Century America â€” with a federal government that would rather pull a fast one than live by the rule of law. As I have argued earlier and will argue again here the whole piece of legislation that has come to be called Obamacare is unconstitutional on many levels. Under Article 1 Section 8 health care or anything close is not one of the enumerated powers of Congress. Anything that is not an enumerated power of Congress is left to the states under the 10th Amendment.