Saturday, May 11, 2013

New Obamacare Lawsuit Claims it violates the 5th Amendment

To prevent the enforcement of the Affordable Care Act in Texas, Dr. Steve Hotze, a Houston physician announced he is suing the federal government, claiming the ACA violates federal tax law as written. 
[...] 
His lawsuit offers two constitutional challenges: First, the Affordable Care Act is in clear violation of the rule requiring tax-bills to originate in the House. The original bill if you can believe it, was a tax credit bill for veterans. Secondly, ObamaCare is in violation of the Fifth Amendment by compelling the purchase of health coverage.
It is forcing individuals and businesses to purchase a consumer product -- in this case, health insurance. 
Hotze’s lawsuit claims that by forcing Americans to buy private insurance, Obamacare violates the Fifth Amendment’s Takings Clause, which holds that private property can only be taken for a “public use” and with just compensation for the property owner. 
The suit also claims that the Affordable Care Act is unconstitutional because revenue-raising laws and taxes must originate in the House of Representatives. In the 5-4 decision upholding Obamacare, Chief Justice John Roberts ruled that the law’s penalty on the uninsured is a tax.
Read the full story HERE and view a related video below:



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