The Beacon Center joined a group of legislators, including Ted Cruz, John Cornyn, and Mike Lee, ten state governments, and other constitutional litigation groups to again challenging the constitutionality of Obamacare. This challenge argues that Obamacare was illegally and deceptively passed by Congress as a revenue raising bill that did not originate in the House of Representatives as the Constitution requires.
Braden Boucek, Director of Litigation for the Beacon Center explained: “The Constitution assigned the power to originate revenue raising bills with the House, not the Senate. What the Senate did was to take a House bill, delete its content, replace it with a version they knew would never pass, and call this an amendment. That’s drafting a bill, not amending it. This is a role that the Constitution denies the Senate when the bill raises revenue. To pass a bill in such a way, especially one as disruptive to so many people as Obamacare, makes a sham out of the whole notion of separation of powers. An orderly law making process is an essential component of a republican form of government. A government that flaunts its own constitutionally mandated process has acted arbitrarily, and arbitrary governments erode their own legitimacy.”
You can read the full Amicus brief here.