by Jeff Matthews
In the various lawsuits brought by states to challenge the validity of ObamaCare, an over-arching issue concerns the limit, if any, of Congress’ powers under the Commerce Clause. However, there are more arguments in play. One of them deals with Congress’ power to tax. This issue has been discussed in Virginia vs. Sebelius by way of the federal district court’s Memorandum Opinion on Defendant’s (Sebelius’) Motion to Dismiss.
In the case, Virginia asserts that Congress is not Constitutionally-authorized to enact ObamaCare. Sebelius filed a motion to dismiss against Virginia, on the grounds that Virginia’s complaint does not state a valid cause of action. While the Commerce Clause issues are more widely-discussed, little discussion has been dedicated to the taxation issue which is equally important in the decision as to whether or not ObamaCare is Constitutional.
Read the rest of this article at: http://www.tenthamendmentcenter.com/2010/12/06/making-stuff-up-as-they-go/
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