Corpus ID: 25879540

The Origination Clause, the Affordable Care Act, and Indirect Constitutional Violations.

@article{Dysart2015TheOC,
  title={The Origination Clause, the Affordable Care Act, and Indirect Constitutional Violations.},
  author={Tessa L. Dysart},
  journal={Cornell journal of law and public policy},
  year={2015},
  volume={24 3},
  pages={
          451-92
        }
}
  • Tessa L. Dysart
  • Published 2015
  • Economics, Medicine
  • Cornell journal of law and public policy
  • "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." U.S. Const. art. I, § 7, cl. 1 (Origination Clause). "As we have often noted, '[c]onstitutional rights would be of little value if they could be . . . indirectly denied.'" United States Term Limits, Inc. v. Thornton, 514 U.S. 779, 829 (1995) The Supreme Court's opinion in National Federation of Independent Business v. Sebelius, upholding the… CONTINUE READING
    1 Citations

    References

    SHOWING 1-10 OF 27 REFERENCES
    Dep't of Health & Human Servs. v. Florida, 132 S. Ct
    • 2012
    Obama: Mandate Is Not a Tax
    • 2009
    quoting Line Item Veto Act, 2 U.S.C § 691(a)(A) (1995), invalidated by Clinton v
    • 1998
    However, there was the possibility in Munoz-Flores of a small amount of money going into the General Treasury, and that program was still considered "incidental
    • 1990
    South Carolina ex rel. Tindal v. Block, 717 F.2d
    • 1983
    When is a Tax not a Tax
    • 2
    ); see also U.S. Senate Roll Call Votes 111th Congress-1st Session
    • ?congress=111&session =1&vote=00396#position (last visited Mar
    ); see also U.S. Senate Roll Call Votes 111th Congress-1st Session, On the Cloture Motion
    • session=1&vote=00353#state (last visited Feb
    , Challenge Obamacare Under “ Origination Clause
      1776) (including in the list of British tyrannies, "imposing Taxes on us without our Consent