{"database": "press", "table": "releases", "rows": [["https://web.archive.org/web/20140923133336/http://brooks.house.gov/index.cfm?sectionid=25&itemid=1083", "Brooks Encourages Appellate Court to Find that Affordable Care Act Violates the Constitution's Origination Clause", "2013-11-14", "2013", "2013-11", "Republican", "House", "AL", "Mo Brooks", "B001274", "web.archive.org", null, null, "legacy", "Washington, D.C. \u2013 Standing before the U.S. House this morning, Congressman Mo Brooks (AL-05) discussed the case of Sissel v. U.S. Department of Health and Human Services, which challenges the constitutionality of roughly 20 tax increases that fund the President\u2019s healthcare law.Congressman Brooks and thirty-nine other Members of Congress joined to file a \u201cfriend of the court brief\u201d this week that urges the Court of Appeals to obey the Constitution and declare Affordable Care Act taxes unconstitutional because they violate the Origination Clause.\n\n\tCongressman Brooks stated, \u201cConstitution Article 1, Section 7 is the Origination Clause.\u00a0 It states, in part, that, \u2018All Bills for raising Revenue shall originate in the House.\u2019\u201d\n\n\tBrooks continued, \u201cThe Senate took a House passed bill that raised no taxes, deleted its substantive provisions, and substituted a six page House bill with a 2,074 page Senate bill \u2013 commonly referred to as ObamaCare \u2013 that raised roughly $50 billion dollars a year in new taxes.\u00a0 None of the ObamaCare tax increases were in the original House bill.\u00a0 Hence, all of these tax increases originated in the Senate, not the House, thereby violating the Origination Clause requirement that tax increases originate in the House.\u201d\n\n\tBrooks concluded, \u201cNo American court in history has ever upheld the Constitutionality of taxes under the circumstances presented by ObamaCare.\u00a0 Doing so now would undermine and nullify the letter and spirit of the Origination Clause in a Constitution that has served America so well for so long.\u201d\n\n\t\n\n\tVideo of Congressman Brooks\u2019 remarks is available HERE.\n\n\t\u00a0\n\n\tText of Congressman Brooks\u2019 remarks:\n\n\t\u00a0\n\n\t\n\t\t\u201cMr. Speaker, in a bold and agile display of legal sophistry, United States Supreme Court Justice John Roberts upheld the Affordable Care Act by declaring it a tax while failing to address whether the tax complied with the Origination Clause of our Constitution.\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cThe case of Sissel v. the United States Department of Health and Human Services is pending before the D.C. Court of Appeals and headed to the Supreme Court.\u00a0 Sissel challenges the Constitutionality of roughly 20 tax increases that fund Government-Run Health Care.\u00a0\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cConstitution Article 1, Section 7 is the Origination Clause.\u00a0 It states, in part, that, \u2018All Bills for raising Revenue shall originate in the House.\u2019\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cI have joined forty Members of Congress in a \u2018friend of the court brief\u2019 filed this week that urges the Court of Appeals to obey the Constitution and declare Affordable Care Act taxes unconstitutional because they violate the Origination Clause.\u00a0\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cOn October 8, 2009, the House of Representatives passed H.R. 3590, the \u2018Service Member\u2019s Home Ownership Tax Act,\u2019 a six page bill!\u00a0 H.R. 3590 raised NO taxes or revenue of any kind.\u00a0 To the contrary, H.R. 3590 cut taxes for veterans buying homes.\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cThe Senate took H.R. 3590, deleted its substantive provisions, and substituted a six page bill with a 2,074 page bill \u2013 commonly referred to as ObamaCare \u2013 that raised roughly $50 billion dollars a year in new taxes, making it one of the largest tax increases in the history of America\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cNone of these ObamaCare tax increases were in the original House bill.\u00a0 Hence, all of these new tax increases originated in the Senate, not the House, thereby violating the Origination Clause requirement that tax increases originate in the House.\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cThe Origination Clause was subject to significant debate during America\u2019s 1787 Constitutional Convention. Massachusetts Convention Delegate and America\u2019s fifth Vice-President, Elbridge Gerry, stated that the Origination Clause was \u2018the cornerstone of the accommodation\u2019 of the Great Compromise of 1787 that persuaded a majority of the states to ratify the Constitution.\u00a0 Stated differently, but for the Origination Clause, there would have been no Constitution and no United States as we know it.\u00a0 The Origination Clause was that important!\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cVirginia Delegate and co-author of our Bill of Rights, George Mason, explained opposition to Senate tax originations when he declared:\n\t\n\t\t\u00a0\n\t\n\t\t\u2018The Senate did not represent the people, but the States in their political character.\u00a0 It was improper therefore that it should tax the people . . .\u00a0 Again, the Senate is not like the House of Representatives chosen frequently and obliged to return frequently among the people.\u00a0 They are chosen by the States for 6 years, will probably settle themselves at the seat of Government, will pursue schemes for their aggrandizement \u2013 will be able by [wearing] out the House of Representatives, and taking advantage of their impatience at the close of a long Session, to extort measures for that purpose.\u2019\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cMr. Speaker, America\u2019s founding fathers did not trust the Senate to originate and raise taxes because Senators sat unchallenged for six years, the greater part of a decade, and were too insulated and unaccountable for the taxes they force on American citizens.\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cMr. Speaker, no American court in history has ever upheld the Constitutionality of taxes under the circumstances presented by ObamaCare.\u00a0 Doing so now would undermine and nullify the letter and spirit of the Origination Clause in a Constitution that has served America so well for so long.\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cMr. Speaker, every federal judge and justice took an oath to defend, protect, and uphold our Constitution.\u00a0\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cIf these judges will put their partisanship and egos aside . . .\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cIf these judges will apply the Constitution as it is written and intended . . .\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cIf these judges will simply honor their oath of office . . .\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cThen ObamaCare will be declared unconstitutional because it violates the Origination Clause and America\u2019s dangerous and failing experiment with Socialized Medicine will have ended.\n\t\n\t\t\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\n\t\n\t\t\u201cObamaCare will be dead, and quality healthcare for Americans will survive.\u201d\n\t\n\t\t\u00a0\n\t\n\t\t###", 1, "2026-03-30T12:14:52Z", "2026-03-30T12:14:52Z"]], "columns": ["url", "title", "date", "year", "month", "party", "chamber", "state", "member_name", "bioguide_id", "domain", "scraper", "source", "date_source", "text", "has_text", "collected_at", "updated_at"], "primary_keys": ["url"], "primary_key_values": ["https://web.archive.org/web/20140923133336/http://brooks.house.gov/index.cfm?sectionid=25&itemid=1083"], "units": {}, "query_ms": 0.8872509934008121, "source": "dwillis/congress-press", "source_url": "https://github.com/dwillis/congress-press", "license": "MIT", "license_url": "https://github.com/dwillis/congress-press/blob/main/LICENSE"}