Daniel Smyth: Obamacare Still Unconstitutional

Origination Clause Violated in 2010 US Law

A friend whom I greatly respect has published an academic article on the origination clause of the US Constitution and what it means for Obamacare, also known as the Affordable Care Act. Daniel Smyth‘s peer-reviewed work in the British Journal of American Legal Studies carefully lays out the case for why Obamacare, as a law that imposes taxes, is illegal/unconstitutional, since it did not originate in the US House of Representatives.

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.
~Article One, Section Seven

The full paper is 61 pages (PDF), but Dan has shared a nine-page summary, embedded below. Please do not hesitate to share feedback and suggest ideas for his future research.

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Fergus Hodgson About Fergus Hodgson

Fergus Hodgson is an economic consultant, financial editor, athlete, and traveler. He holds degrees in economics, finance, and political science from the United States and New Zealand, and he has lived in eight countries. Follow @FergHodgson.

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