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U.S. Constitution
See other U.S. Constitution Articles

Title: Our Lost Constitution: The Willful Subversion of America's Founding Document
Source: [None]
URL Source: [None]
Published: Jun 28, 2016
Author: Mike Lee
Post Date: 2016-06-28 07:12:57 by tpaine
Keywords: None
Views: 19236
Comments: 124

Our Lost Constitution: The Willful Subversion of America's Founding Document

Mike Lee

The still-unfolding story of America’s Constitution is a history of heroes and villains—the flawed visionaries who inspired and crafted liberty’s safeguards, and the shortsighted opportunists who defied them. Those stories are known by few today.

In Our Lost Constitution, Senator Mike Lee tells the dramatic, little-known stories behind six of the Constitution’s most indispensible provisions. He shows their rise. He shows their fall. And he makes vividly clear how nearly every abuse of federal power today is rooted in neglect of this Lost Constitution. For example:

• The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare.

• The Fourth Amendment protects us against unreasonable searches and seizures, but the NSA now collects our private data without a warrant.

• The Legislative Powers Clause means that only Congress can pass laws, but unelected agencies now produce ninety-nine out of every one hundred pages of legal rules imposed on the American people.

Lee’s cast of characters includes a former Ku Klux Klansman, who hijacked the Establishment Clause to strangle Catholic schools; the Chief Justice of the Supreme Court, who called the Second Amendment a fraud; and the revered president who began his first of four terms by threating to shatter the balance of power between Congress and the president, and who began his second term by vowing to do the same to the Supreme Court.

Fortunately, the Constitution has always had its defenders. Senator Lee tells the story of how Andrew Jackson, noted for his courage in duels and politics, stood firm against the unconstitutional expansion of federal powers. He brings to life Ben Franklin’s genius for compromise at a deeply divided constitutional convention. And he tells how in 2008, a couple of unlikely challengers persuaded the Supreme Court to rediscover the Second Amendment’s right to keep and bear arms.

Sections of the Constitution may have been forgotten, but it’s not too late to bring them back—if only we remember why we once demanded them and how we later lost them. Drawing on his experience working in all three branches of government, Senator Lee makes a bold case for resurrecting the Lost Constitution to restore and defend our fundamental liberties.

View this title on Amazon.com

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Begin Trace Mode for Comment # 95.

#24. To: tpaine (#0)

The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare.

What's even more contempt is that Chief Justice Roberts agrees that 0bamakare is just another tax, totally ignoring the congressional house of origin.

The US government is corrupt.

buckeroo  posted on  2016-06-28   21:08:22 ET  Reply   Untrace   Trace   Private Reply  


#35. To: buckeroo, tpaine (#24)

[Mike Lee, posted by tpaine] The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare.

[buckeroo] What's even more contempt is that Chief Justice Roberts agrees that 0bamakare is just another tax, totally ignoring the congressional house of origin.

I understand tpaine and buckeroo were valedictorian and salutatorian at the tpaine School for the Gifted.

Can you two can explain what the hell Obamacare, the Patient Protection and Affordable Care Act, has to do with the Origination Clause of the Constitution? Be specific!

The house of origin for all federal revenue bills is the House of Representatives.

nolu chan  posted on  2016-06-29   12:20:20 ET  Reply   Untrace   Trace   Private Reply  


#92. To: nolu chan, Y'ALL (#35)

Mike Lee, posted by tpaine] The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare.

Can you two can explain what the hell Obamacare, the Patient Protection and Affordable Care Act, has to do with the Origination Clause of the Constitution? Be specific!

No, not to your satisfaction, oh great Chan.

The house of origin for all federal revenue bills is the House of Representatives.

Yes, we all agree with the great Chan on that specific point.

Now, can you explain what the hell Obamacare, the Patient Protection and Affordable Care Act, has to do with the Origination Clause of the Constitution? Be specific, oh great Chan.

Amaze us with your impeccable logic, and more of your incredible ability to go on, and on, and on about this issue that no one gives a shit about...

tpaine  posted on  2016-08-03   20:28:30 ET  Reply   Untrace   Trace   Private Reply  


#95. To: tpaine (#92)

[tpaine #92] Mike Lee, posted by tpaine] The Origination Clause says that all bills to raise taxes must originate in the House of Representatives, but contempt for the clause ensured the passage of Obamacare.

Yeah, Mike Lee, on his page 77: "For more than a century and a half after the founding of our nation, The First Amendment was not interpreted as requiring the government to be completely neutral between religion and atheism. ... Currency said "In God We Trust."

There's an authoritative, trustworthy source.

"E Pluribus Unum" was unofficially considered the national motto until 1956 when "In God We Trust" was adopted. "In God We Trust" was first authorized on coinage in 1864. Legislation in 1955 made it mandatory on coins and paper currency. In 1956 it became the national motto.

Do you have a source that matters? Nobody gives a crap what Lee may have written. The Federal court decided en banc, in Sissel v. DHHS, 799 F.3d 1035 (D.C. Cir. 2015) regarding the Obamacare Act that "the mandate in Section 5000A of the Affordable Care Act does not come within the scope of the Origination Clause." While ruling on that basis, it also found that the PPACA originated in the House and would not have violated the Origination Clause had it applied.

The dissent disagreed with the reasoning of the majority. The dissent would have "rule[d] for the Government on the ground that the Affordable Care Act originated in the House and thereby complied with the Origination Clause."

The Court was unanimous that the Affordable Care Act originated in the House.

To complete the Opinion of the Court,

What of the dissent's reliance on statements by Elbridge Gerry and James Madison praising a seemingly broader Origination Clause? The version Gerry championed is not in the Constitution. Gerry criticized the Constitution for rejecting his vision of the Origination Clause, and he cited that rejection as a reason why he refused to sign the Constitution and advocated against its ratification. See Letter of Elbridge Gerry to the Vice President of the Convention of Massachusetts (Jan. 21, 1788), reprinted in 3 Farrand's Records at 265. Madison extolled the Origination Clause in Federalist 58, not because it gave the House power over all taxes, but because, in his opinion, it vested the House with exclusive power to originate appropriations bills. See The Federalist No. 58, at 359 (James Madison) (Clinton Rossiter ed., 1961) (explaining that the House's power would derive from its “power over the purse”). Neither “revenue” nor “tax” is mentioned in Federalist 58. Id. at 356–61. And at the Convention itself, Madison appeared vocally to oppose the Clause. See 2 Farrand's Records at 224 (Aug. 8, 1787); id. at 276–77 (Aug. 13, 1787).

Because the Supreme Court has instructed us how to decide Origination Clause questions, this case presents no occasion for a comprehensive historical inquiry. But even the modest look we take here demonstrates that the gloss given by the dissent is wide of the mark.

E.

In addition to evidence from the framing and ratification, early constitutional history confirms that the Origination Clause's expected application was through a purpose-based test. St. George Tucker, writing in 1803 in the first major treatise on American law, argued that the Origination Clause should be read in light of English practice and therefore sweepingly construed to prevent the Senate from raising revenue through even “indirect modes of taxation” such as “debasing the value of the coin.” St. George Tucker, Blackstone's Commentaries 261 (1803). Tucker, however, was forced to acknowledge, in a lengthy footnote, that the practice of the first Congresses had already shown that those bodies thought the Origination Clause was quite narrow, and that laws that raised revenue, even “to a very considerable amount,” did not implicate the Origination Clause unless “revenue was intended to be drawn to the government by these laws.” Id. at 261 n. § (1803).

Justice Joseph Story, writing in 1833 in his own Commentaries on the Constitution, commented on Tucker's treatment of the Origination Clause, explaining that “[a] learned commentator[, Tucker,] supposes, that every bill, which indirectly or consequentially may raise revenue, is, within the sense of the constitution, a revenue bill.” 2 Joseph Story, Commentaries on the Constitution § 877, at 343 (1833). Justice Story went on to explain that “the practical construction of the constitution has been against his opinion,” id., and that “the history of the origin of the power, already suggested, abundantly proves, that it has been confined to bills to levy taxes in the strict sense of the words, and has not been understood to extend to bills for other purposes, which may incidentally create revenue,” id.

Justice Story's views form the basis of controlling precedent in this court and in the Supreme Court. In deciding the first appeal of Twin City Nat'l Bank v. Nebeker, this court quoted extensively from Justice Story's Commentaries on the Constitution. The opinion noted Story's recognition that there were two views of the Origination Clause: a view that “supposes that every bill which indirectly or consequentially may raise revenue is, within the sense of the Constitution, a revenue bill,” and the superior view that “it has been confined to bills to levy taxes in the strict sense of the words, and has not been understood to extend to bills for other purposes, which may incidentally create revenue.” 3 App.D.C. 190, 201 (1894) (quoting 1 Joseph Story, Commentaries on the Constitution § 880); see also United States v. Norton, 91 U.S. 566, 569, 23 L.Ed. 454 (1875) (citing Justice Story's views approvingly). The Supreme Court concluded, as we did then and must again here, that the latter view was correct. 167 U.S. 196, 202, 17 S.Ct. 766 (adopting Justice Story's views); see also Millard, 202 U.S. at 436, 26 S.Ct. 674 (treating Justice Story's views as having been adopted by the Supreme Court in Nebeker). Justice Story's comments on Tucker have been quoted in Supreme Court opinions on the Origination Clause, often as grounds for holding that the law at issue does not come within the scope of the Clause. See Munoz–Flores, 495 U.S. at 397, 110 S.Ct. 1964; Millard, 202 U.S. at 436, 26 S.Ct. 674 .

Early congressional practice, recognized by two of America's most influential early constitutional scholars and endorsed by one of them (Story), strongly suggests that the original expected application of the Origination Clause was purposive. Most importantly, in our view, that is the approach that was adopted and has been reaffirmed by the Supreme Court.

* * *

For these reasons, the dissent from the denial of rehearing en banc presents no basis for the en banc court to revisit the holding that Sissel's challenge to the mandate in section 5000A of the Affordable Care Act does not come within the scope of the Origination Clause. In adhering to Supreme Court precedent adopting a purposive interpretation, the panel opinion honors the balance of power between the two Houses of Congress as envisioned by the Framers, thereby safeguarding individual liberty. There is no basis for the dissent's accusation to the contrary. See Dissent at 1059–60. The court has correctly voted to deny rehearing en banc.

And so the Obamacare mandate was held not to come within the scope of the Origination Clause and unanimously found to have originated in the House.

All hope was not lost as plaintiff petitioned the U.S. Supreme Court.

http://www.supremecourt.gov/orders/courtorders/011916zor_l5gm.pdf

U.S. Supreme Court ORDERS, 19 Jan 2016

15-543

SISSEL, MATT V. DEPT. OF H&HS, ET AL.

The motion of Daniel G. Anderson, et al. for leave to file a brief as amici curiae out of time is denied. The petition for a writ of certiorari is denied.

And after the U.S. Supreme Court denied cert, all hope was lost.

nolu chan  posted on  2016-08-03   22:42:41 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 95.

#96. To: nolu chan, tpaine (#95)

And after the U.S. Supreme Court denied cert, all hope was lost.

Oh bullshit. Another day and another fight.

buckeroo  posted on  2016-08-03 22:53:42 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 95.

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