Houston, Texas (PRWEB) May 21, 2014
Steven F. Hotze, M.D., Founder and CEO of Hotze Health & Wellness Center and President of Conservative Republicans of Texas, welcomes the filing of an amicus brief by 43 Congressmen, led by Representative Trent Franks, in support of Dr. Hotze’s challenge to the constitutionality of ObamaCare under the Origination Clause in Hotze v. Sebelius, No. 14-20039. These 43 members of the House of Representatives filed their brief before the U.S. Court of Appeals for the Fifth Circuit, to reinforce Dr. Hotze’s claim that the passage of the Patient Protection and Affordable Care Act (PPACA, commonly known as ObamaCare) violates the Origination Clause, Article 1, Section 7 of the U.S. Constitution.
Congressman Trent Franks (R-AZ) is the Chairman of the House Judiciary’s Subcommittee on the Constitution and Civil Justice. He was joined in this amicus brief by Representatives Michele Bachmann, Joe Barton, Kerry L. Bentivolio, Marsha Blackburn, Jim Bridenstine, Mo Brooks, Steve Chabot, K. Michael Conaway, Ron DeSantis, Jeff Duncan, John Duncan, John Fleming, Bob Gibbs, Louie Gohmert, Andy Harris, Tim Huelskamp, Walter B. Jones, Jr., Jim Jordan, Steve King, Doug LaMalfa, Doug Lamborn, Bob Latta, Thomas Massie, Mark Meadows, Markwayne Mullin, Randy Neugebauer, Steve Pearce, Robert Pittenger, Bill Posey, David P. Roe, Todd Rokita, Matt Salmon, Mark Sanford, David Schweikert, Marlin A. Stutzman, Lee Terry, Tim Walberg, Randy K. Weber, Sr., Brad R. Wenstrup, Lyne A. Westmoreland, Rob Wittman, and Ted S. Yoho.
“It is overwhelming that this diverse group of congressmen, representing many different parts of our Nation, all agree that ObamaCare is unconstitutional,” Dr. Hotze said.
This amicus brief by 43 Congressmen explains that ObamaCare is one of the biggest tax hikes in American history, and the brief includes a list of the many immense new taxes imposed by it. "The unconstitutional law of ObamaCare burdens Americans with 20 new or higher taxes," said Dr. Hotze.
The Origination Clause, Article I, Section 7 of the U.S. Constitution, prohibits the imposition of new taxes by legislation that originated in the Senate rather than in the House of Representatives. The historical record, explained at length by the Congressmen’s brief, makes clear that the Origination Clause is an essential safeguard against tyranny without which the Constitution may never have been ratified. The Origination Clause ensures maximum political accountability for all revenue-raising provisions, by requiring that they begin only in the chamber of Congress most accountable to voters: the House of Representatives.
House members are elected every two years by a relatively small number of voters, unlike the Senate, and the House is the only part of the federal government where members cannot be appointed. They cannot hold power unless recently elected by the people, and thus only the House can originate revenue-raising bills.
“The Origination Clause embodies a foundational principle of American jurisprudence that offers a structural constitutional protection against abuses of power by the national government,” the Congressmen wrote. They further noted: “Without its guarantee in the 1787 Convention and ensuing ratification debates, our Constitution would not exist, at least not in its present form: the restriction of the Senate from originating taxes was the ‘cornerstone of the accommodation’ of the Great Compromise of 1787 which satisfied the necessary number of states to ratify the Constitution.”
“Thank you, congressmen, for standing up for our constitutional rights,” stated Dr. Hotze. “Your brief reinforces the right of the American people to retain this fundamental protection of maximum political accountability against tax increases.”