(MONTGOMERY, AL), March 7, 2013 – Today Foundation for Moral Law President Kayla Moore announced that the Foundation had filed a friend of the court brief in the United States Court of Appeals for the Fourth Circuit in the case of Liberty University v. Timothy Geithner. Although the U.S. Supreme Court has declared the so called Affordable Care Act, better known as ObamaCare, to be legal because it was a tax, the Foundation told the Fourth Circuit that, as a tax, the act violates the origination clause of the Constitution which requires all tax bills to start in the House of Representatives. Because the bill was started in the Senate by Senator Harry Reid, the Foundation argued, the bill is unconstitutional.
“Words have meaning. And the meaning of the words in the Constitution should be enforced,” commented Foundation President Kayla Moore. “The origination clause is clear. If a bill raises revenue it must be proposed by the House of Representatives, not the Senate. Our Founding Fathers added this protection to the Constitution to ensure that we the people were not unfairly taxed. Now that ObamaCare has unequivocally been declared a tax, under the origination clause, it must go.”
The brief, which was authored by the Foundation’s Senior Attorney and Resident Scholar Colonel John A. Eidsmoe and Executive Director and Chief Counsel Joshua M. Pendergrass, suggested that the Fourth Circuit was bound by the words of the Constitution, no matter what steps may have been taken to pretend the bill was started in the House. The Foundation argued that the bill cannot stand, even though it may be Constitutional as a tax according to the Supreme Court, it must still comply with other Constitutional provisions, including the origination clause.
The case which is now pending before the U.S. 4th Circuit, is expected to be decided later this year. The entire brief filed by the Foundation can be retrieved here: http://morallaw.org/PDF/Liberty-v-Geithner.pdf.
The Foundation for Moral Law is a non-profit, 501(c)(3), legal foundation based in Montgomery, Alabama which was founded by Judge Roy Moore. The Foundation is committed to protecting religious liberty, honoring the Constitution and preserving the right of all people to publicly acknowledge God. Learn more at www.MoralLaw.org.