MONTGOMERY: The Foundation for Moral Law, a Montgomery-based legal foundation established to defend the United States Constitution as written and intended by its Framers and to defend religious liberty, filed an amicus brief Monday on behalf of Dr. Steven Hotze, a Texas physician who is challenging the constitutionality of Obamacare.
In the 2012 case of National Federation of Independent Business v. Sebelius, the Supreme Court ruled that the Affordable Care Act is constitutional because Article I Section 8 of the Constitution authorizes Congress to “tax and spend” for the general welfare. But Dr. Hotze argues that if Obamacare is a tax for the Taxing and Spending Clause, it is also a tax for Article I Section 7 which requires that all bills for raising revenue must originate in the House rather than the Senate.
“Obamacare was railroaded through Congress and forced on the American people by the Obama Administration,” said Foundation President Kayla Moore. “Nearly six years later the constitutional issues still aren’t settled, and Obamacare has been an administrative nightmare that has raised insurance premiums, forced employers to lay off employees, and lowered the quality of health care across the nation. Obamacare is one more proof that socialism doesn’t work.”
Foundation Senior Counsel John Eidsmoe added, “The Framers adopted the Origination Clause for a very important reason. ‘No taxation without representation’ was a rallying cry of the American War for Independence, so they wanted to make sure that tax bills originated in the House of Congress that represented the people who pay taxes. To the extent that Obamacare is authorized by the Taxing and Spending Clause of Article I Section 8, it is also constrained by the Origination Clause of Article I Section 7.”