GOP resolution: Healthcare law violates Constitution for not originating in the House

Rep. Louie Gohmert (R-Texas) and 10 other House Republicans introduced a resolution Thursday arguing that the 2010 healthcare law violates the Constitution because it is a revenue measure that did not originate in the House.

The resolution, H.Res. 735, plays off the June 28 Supreme Court ruling that said the individual mandate to by health insurance cannot be justified under the Commerce Clause, but is "within Congress's power to tax."

But if the law is a revenue measure, the resolution finds, it is one that violates Article I, Section 7, Clause 1 of the Constitution. That clause states simply, "All Bills for raising Revenue shall originate in the House of Representatives."

The resolution then briefly outlines the history of the healthcare law, which was introduced in the Senate as an amendment to an unrelated bill, H.R. 3590, the Service Members Home Ownership Tax Act. The Senate amendment introduced 17 revenue provisions as part of the health law, which the GOP resolution says were not germane to the original bill.

It then finds simply that the healthcare law was a bill for raising revenue, as defined by the Constitution, and that "the Patient Protection and Affordable Care Act of 2009 did not originate in the House of Representatives."

Sponsors of the resolution are Reps. Roscoe Bartlett (R-Md.), Marsha Blackburn (R-Tenn.), Paul Broun (R-Ga.), Trent Franks (R-Ariz.), Andy Harris (R-Md.), Joe Pitts (R-Pa.), Bill Posey (R-Fla.), Phil Roe (R-Tenn.), Jean Schmidt (R-Ohio) and Joe Walsh (R-Ill.).

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