To begin with, the bill originated in the Senate, not the House. The Constitution forbids this in Article I, Section 7. All bills for raising revenue MUST originate in the House, not the Senate. Thus, when Justice Roberts declared this to be a tax, when no one had argued before the Supreme Court that it was a tax, he inherently determined that it was unconstitutional while claiming it was constitutional. Yes, you will probably have to reread that sentence once or twice.
Harry Reid had anticipated this problem. He took a House Bill which had nothing to do with raising revenue — it provided housing for veterans — completely gutted it and put the 2,000 page ACA in its place, claiming he was “modifying” a House Bill. Were that strategy deemed appropriate, the Senate would forever be permitted to do what the founding fathers expressly forbid, initiate a tax bill in the Senate.
Nor is it an accident that the founding fathers gave that power solely to the House. The House is comprised of members who actually represent their constituents. Not only do most representatives represent far fewer people than do senators, but they each represent roughly the same number of people, unlike Senators who represent states, not people, and without regard to the number of people within each state. The Supreme Court, in Reynolds v. Sims, ruled that our American system of government requires “one man, one vote,” meaning that all elected officials should have a voting power equal to the number of people they represent, that is, in order to have the same voting power as a co-member of their elected body, they must represent the same number of people. The Senate is a unique exception to that rule, created by the name to bring the smaller states into the Union without fear they would have no voice. The House was always intended to be the voice of the people, while the Senate — elected by State legislatures, not people, prior to the Seventeenth Amendment — represented States.
Were that the only illegality, we might be able to live with the injustice. It was not. There was a serious question as to whether the Democrats would be able to get the 60 votes needed to pass the bill. With Al Franken beating Norman Coleman, they got exactly the 60 votes needed. How did Al Franken beat Norman Coleman? When the election ended, Norman Coleman had a lead in excess of 700 votes. After several partial recounts, the lead was cut in half. After many more recounts and several court cases, Franken magically won the election. In the process we learned that 1,099 felons voted in that election. Felons are not permitted to vote, but the Democrats do not allow purging of voting roles or voting ID’s. Now you understand why. Franken won by 312 votes. Franken was the 60th Senator, the deciding vote that passed the Affordable Care Act. Jimmy Carter never indicated any problems with this obviously suspect election.
Obamacare was an unconstitutional act passed only because an election was illegally conducted stealing a seat from the incumbent Republican Senator and giving it to a comedian whose principal claim to fame was sitting in front of a mirror and saying, “I’m good enough and gosh darnit, people like me.”
Eventually, that will be the historical discussion of this Act.