Senate Immigration Bill Is Unconstitutional by Jongsstraw

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Senate Immigration Bill Is Unconstitutional

POSTED BY: JONGSSTRAW
UPDATED: Saturday, July 13, 2013 09:09
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Friday, July 12, 2013 7:03 AM

"The Senate immigration bill is unconstitutional because it raises taxes and violates the requirement that all revenue bills must originate in the House, according to House Ways and Means Committee Chairman Dave Camp.

The Senate bill, he said, includes "a number of revenue-related measures such as fees, penalties, surcharges, and the non-payment of taxes," the California Democrat said in a statement Thursday reported by Politico. "As such, any consideration of the Senate bill in the House would also be unconstitutional. The House will have to consider its own legislation.”

He cited Article 1, Section 7 of the Constitution, known as the Origination Clause, which requires that all “revenue” (tax) measures start in the lower chamber.

Speaker John Boehner and other Republican leaders already had decided to pursue legislation separate from the Senate bill before Camp issued his statement.

But Camp still made a point of outlining five instances in which he said the Senate bill violates the Origination Clause, pointing first to the mandate that some fines and fees go into the Comprehensive Immigration Reform Trust Fund to pay for implementation of the legislation and border security.

In addition, he said, the parts of the measure preventing non-citizens from receiving premium tax credits included in Obamacare would have a "revenue effect," and that not requiring agricultural employers "to pay or withhold taxes from paychecks would reduce federal revenues."

Finally, Camp argued, requiring employers to pay a fee into the STEM Education and Training Account and mandating the collection of a surcharge on visas also violates the clause.

Reacting to the statement, Democrats suggested there are ways around the constitutional technicalities, including one simple fix that would simply rename and renumber the Senate legislation passed by that chamber before the July Fourth recess as a House bill.

"If the House Republican leadership gets to the point that they want to vote on the Senate bill, all they would have to do is copy and paste [the legislation] and rename it as H.R.," one Senate Democratic aide told Politico, adding this is "not an insurmountable obstacle in any way."

But Camp’s statement is likely to encourage opposition in the House among Republicans, many of whom are opposed to any comprehensive overhaul of the immigration law that sets up a process to allow illegal immigrants to become citizens.

Texas Rep. Steve Stockman, for one, has been urging Boehner to use a procedure called a "blue slip" resolution that would automatically kill the Senate legislation on the grounds that it is unconstitutional.

Stockman suggested on Wednesday that Senate Majority Leader Harry Reid has not yet sent the Senate-passed bill to the House because he fears it will be returned through the "blue slip" process.

"Even Harry Reid now admits the Senate’s amnesty bill is unconstitutional and cannot become law. Any bill that raises revenue must start in the House," Stockman said in a news release. "By creating their own amnesty taxes, Senate Democrats broke the rules. They got caught trying to sneak an illegal bill past the Constitution’s borders."

http://www.newsmax.com/Politics/camp-senate-immigration-bill/2013/07/1
2/id/514762

No surprise here. Senate Democrats and Obama have never let a little thing like The Constitution get in the way of their power-grabbing goals.

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Friday, July 12, 2013 8:09 AM

SIGNYM

I believe in solving problems, not sharing them.

Wow, like the Repubs have such a great respect for "that goddamned piece of paper"?

The question is whether fees etc constitute a "tax". I know that is splitting hairs, but that question has come up in every town hall, city hall, county office, regional district, and state legislature in the nation.

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Friday, July 12, 2013 9:51 AM

M52NICKERSON

DALEK!

All to easy!

The Supreme Court has ruled, however, that the Senate can initiate bills that create revenue, if the revenue is incidental and not directly a tax. Most recently, in US v Munoz-Flores (495 US 385 [1990]), the Court said, "Because the bill at issue here was not one for raising revenue, it could not have been passed in violation of the Origination Clause." The case cites Twin City v Nebeker (176 US 196 [1897]), where the court said that "revenue bills are those that levy taxes, in the strict sense of the word."

http://www.usconstitution.net/constfaq_q125.html

I do not fear God, I fear the ignorance of man.

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Friday, July 12, 2013 12:45 PM

SIGNYM

I believe in solving problems, not sharing them.

MC52, thanks.

JONGSIE... please stop posting irrelevant crap.

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Friday, July 12, 2013 1:08 PM

JONGSSTRAW

Quote:
Originally posted by SIGNYM:

JONGSIE... please stop posting irrelevant crap.

Anything you call 'irrelevant' simply means it's true and bothers you a lot. But if you want me to stop posting I will..... right after you stop being a crazy bitch ..... which means never.

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Friday, July 12, 2013 1:15 PM

SIGNYM

I believe in solving problems, not sharing them.

Well, you called the immigration bill "unconstitutional" because of certain arguments. Apparently, those arguments were adjudicated a long time ago, and not in your favor. Or in favor if the idiot who wrote that piece of go se.

If YOU want, maybe you can show us how the Courts got it wrong. After all, there have been rulings in the past that defied logic AND the Constitution. But considering your "vast" store of Constitutional knowledge... probably not. Still, the floor is yours. Come up with a cogent argument, if you can.

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Friday, July 12, 2013 1:36 PM

JONGSSTRAW

Quote:
Originally posted by SIGNYM:
Well, you called the immigration bill "unconstitutional" because of certain arguments. Apparently, those arguments were adjudicated a long time ago, and not in your favor. Or in favor if the idiot who wrote that piece of go se.

Just more of your delusional denials for me to laugh at.

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Saturday, July 13, 2013 6:42 AM

M52NICKERSON

DALEK!

Quote:
Originally posted by Jongsstraw:
Anything you call 'irrelevant' simply means it's true and bothers you a lot. But if you want me to stop posting I will..... right after you stop being a crazy bitch ..... which means never.

Jong you are the only crazy bitch here. How does it feel to be so low on the human scale that you have to insult others when they call you out on your bullshit? You can't handle being proved wrong, or having any little dent put in your reality.

I do not fear God, I fear the ignorance of man.

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Saturday, July 13, 2013 7:03 AM

WHOZIT

Harry Reid really is the worlds worst dictator, evil and stupid.

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Saturday, July 13, 2013 7:22 AM

SIGNYM

I believe in solving problems, not sharing them.

Rappy and jonsie are so alike that way I'm beginning to think that they're the same person. Especially when they go onto their patter where they "disagree" on trivial things. And Whozit is certainly someone's sockpuppet.

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Saturday, July 13, 2013 8:22 AM

SHINYGOODGUY

The House is so afraid of passing the bill because, according to them, it would affect the Hispanic landscape in the U.S.

Now, I will state this clearly, I do not know if the alleged 11 million illegal aliens are all Hispanic, but they would lead you to believe it's so.

And everyone knows that ALL Hispanics vote democrat.

I have a bridge to sell you, if you believe that one.

SGG

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Saturday, July 13, 2013 9:09 AM

JONGSSTRAW

Quote:
Originally posted by SIGNYM:

Rappy and jonsie are so alike that way I'm beginning to think that they're the same person. Especially when they go onto their patter where they "disagree" on trivial things.

So now you're "beginning to think"? That's impossible for a delusional loon like you.

Quote:
And Whozit is certainly someone's sockpuppet.

Of course he is dearie. You keep telling yourself that, and maybe the night terrors will go away someday.

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