Obamacare battle just beginning

Let’s face it. The House is throwing a desperation pass with this shutdown in order to delay Obamacare. They think this is the last-ditch effort to thwart this monstrosity of a law that hurt more people in the last year than it would ever help in its entire lifetime. Conservatives knew Obamacare would be this bad and we thought we would win this fight in the Supreme Court. But that fight was lost — or was it?

When Chief Justice Roberts deemed Obamacare constitutional, all those who love liberty groaned in sadness and anger. Some probably got their pitch forks ready for Chief Justice “Benedict Arnold.” However, Chief Justice Roberts may be the unsung hero in this battle for liberty. The answer is contained in his opinion regarding the mandate to pay for healthcare or pay the tax:

The requirement to pay is found in the Internal Revenue Code and enforced by the IRS, which — as we previously explained — must assess and collect it ‘in the same manner as taxes.’ This process yields the essential feature of any tax: It produces at least some revenue for the government. Indeed, the payment is expected to raise about $4 billion per year by 2017.

So, Chief Justice Roberts deemed the mandate a tax instead of a penalty even though the Obama regime was touting it was a penalty for months before Obamacare was ruled on.

Now on the surface, this seems like no big deal — that is, until one reads the origination clause of the Constitution which is as follows:

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.

And guess what? The Affordable Care Act’s mandate was deemed as a tax (revenue) and it originated in the Senate. This makes Obamacare unconstitutional as the origination clause clearly states that any bill that raises revenue is to be started in the House. This may be why Obama and his cronies where trying to pass the tax off as a “penalty” the whole time.

There is no doubt that this bill has revenue measures throughout. More from Chief Justice Roberts’s opinion:

“None of this is to say that the payment is not intended to affect individual conduct. Although the payment will raise considerable revenue, it is plainly designed to expand health insurance coverage.”

Obama and his appointees where saying all along how this bill would raise revenue and Chief Justice Roberts agreed that there are revenue portions of the bill. Chief Justice Roberts even noted they are to be collected by the dreadful IRS. The word “revenue” is all over Chief Justice Roberts’s opinion.

This means that the fight is not over — and we don’t have to wait for Democrats to cave over the shutdown. All I know is that if I would ever find myself forced to pay this tax — I will not! It blatantly contradicts the origination clause of the Constitution.

Hopefully it will never get to that because there are lawsuits pending citing the origination clause as the reason for the unconstitutionality of Obamacare. The Pacific Legal foundation is leading the charge as well as other smaller groups and individuals.

The House may be throwing a desperation pass but organizations like the Pacific Legal Foundation are planning for the Super Bowl.

Rocco Palmerine is a writer and political junkie. Follow him on Twitter @RoccoPalmerine