Changes

On September 20, 2010, they filed a lawsuit alleging fifteen separate counts by reason of which the ObamaCare act is unconstitutional.<ref name=complaint>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/jersey-shore-tea-party-files-pro-se-complaint-against-feds-re-healthcare|title=Jersey Shore Tea Party files pro se complaint against feds re healthcare|publisher=Essex County Conservative Examiner|date=2010-09-28|accessmonthday=January 9|accessyear=2011}}</ref> Specifically:

On September 20, 2010, they filed a lawsuit alleging fifteen separate counts by reason of which the ObamaCare act is unconstitutional.<ref name=complaint>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/jersey-shore-tea-party-files-pro-se-complaint-against-feds-re-healthcare|title=Jersey Shore Tea Party files pro se complaint against feds re healthcare|publisher=Essex County Conservative Examiner|date=2010-09-28|accessmonthday=January 9|accessyear=2011}}</ref> Specifically:

# The Act, HR 3590, originated in the [[United States Senate]] and not the [[United States House of Representatives]]. Yet it is clearly a revenue-raising bill, because it includes various tax and penalty provisions. This violates Article I, Section 7, Paragraph 1, which requires that "all bills for raising revenue...originate in the House of Representatives."

# The Act, HR 3590, originated in the [[United States Senate]] and not the [[United States House of Representatives]]. Yet it is clearly a revenue-raising bill, because it includes various tax and penalty provisions. This violates Article I, Section 7, Paragraph 1, which requires that "all bills for raising revenue...originate in the House of Representatives."<ref name=senatebill>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/when-a-house-bill-is-not-a-house-bill|title=When a House bill is not a House bill|publisher=Essex County Conservative Examiner|date=2010-10-06|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act features a "minimum coverage mandate" that forces individuals, businesses, and other groups, on pain of various fines, to purchase health-care insurance with a mimimum level of coverage that in many cases far exceeds what these individuals, businesses, and groups are prepared to pay for. The government has no authority so to act, even under the Commerce Clause (Article I, Section 8, Clause 3).

# The Act features a "minimum coverage mandate" that forces individuals, businesses, and other groups, on pain of various fines, to purchase health-care insurance with a mimimum level of coverage that in many cases far exceeds what these individuals, businesses, and groups are prepared to pay for. The government has no authority so to act, even under the Commerce Clause (Article I, Section 8, Clause 3).<ref name=commerceclause>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/the-commerce-clause-hcr|title=The Commerce Clause in HCR|publisher=Essex County Conservative Examiner|date=2010-10-08|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act creates what would become an eighth uniformed service of the United States (in addition to the [[United States Army]], [[United States Navy|Navy]], [[United States Marine Corps|Marines]], [[United States Air Force|Air Force]], [[United States Coast Guard|Coast Guard]], [[United States Public Health Service Corps]] (the service that the [[Surgeon General of the United States]] commands), and the uniformed research service of the [[National Oceanographic and Atmospheric Administration]]. Because this new service would be an army (and in fact would be called the National Healthcare Army), it is not supposed to receive an appropriation for any period greater than two years (I.8.12). HR 3590 provides a four-year appropriation.

# The Act creates what would become an eighth uniformed service of the United States (in addition to the [[United States Army]], [[United States Navy|Navy]], [[United States Marine Corps|Marines]], [[United States Air Force|Air Force]], [[United States Coast Guard|Coast Guard]], [[United States Public Health Service Corps]] (the service that the [[Surgeon General of the United States]] commands), and the uniformed research service of the [[National Oceanographic and Atmospheric Administration]].<ref name=hcrarmy1>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/the-history-of-presidential-health-care-armies|title=The history of Presidential health care armies|publisher=Essex County Conservative Examiner|date=2010-10-13|accessmonthday=January 9|accessyear=2011}}</ref> Because this new service would be an army (and in fact would be called the National Healthcare Army), it is not supposed to receive an appropriation for any period greater than two years (I.8.12). HR 3590 provides a four-year appropriation.<ref name=hcrarmy2>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/the-constitutionality-of-a-presidential-health-care-army|title=The constitutionality of a Presidential health care army|publisher=Essex County Conservative Examiner|date=2010-10-13|accessmonthday=January 9|accessyear=2011}}</ref>

# The "individual mandate" is a capitation tax, in violation of I.9.4.

# The "individual mandate" is a capitation tax, in violation of I.9.4.<ref name=captax>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/hcr-mandate-capitation-tax-or-bill-of-attainder|title=HCR mandate: capitation tax or bill of attainder?|publisher=Essex County Conservative Examiner|date=2010-10-16|accessmonthday=January 9|accessyear=2011}}</ref>

# The taxes on various medical devices constitute taxes and duties on State exports, in violation of I.9.5.

# The taxes on various medical devices constitute taxes and duties on State exports, in violation of I.9.5.<ref name=stateexptax>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/hcr-medical-device-taxes-unconstitutional-say-nj-plaintiffs|title=HCR medical-device taxes unconstitutional, say NJ plaintiffs|publisher=Essex County Conservative Examiner|date=2010-10-16|accessmonthday=January 9|accessyear=2011}}</ref>

# [[President of the United States|President]] [[Barack Obama]] was not legally qualified to sign the legislation, because he is in fact not a [[natural-born citizen]] within the actual meaning of Article II, Section 1, Clause 5. Therefore every signing that the President has done, including the signing of this Act, is ''ultra vires.''

# [[President of the United States|President]] [[Barack Obama]] was not legally qualified to sign the legislation, because he is in fact not a [[natural-born citizen]] within the actual meaning of Article II, Section 1, Clause 5. Therefore every signing that the President has done, including the signing of this Act, is ''ultra vires.''<ref name=natborncit>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/novel-eligibility-challenge-nj-anti-hcr-suit|title=Novel eligibility challenge in NJ anti-HCR suit|publisher=Essex County Conservative Examiner|date=2010-10-20|accessmonthday=January 9|accessyear=2011}}</ref><ref name=renounced>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/obama-renounced-citizenship-and-eligibility-say-nj-anti-hcr-plaintiffs|title=Obama renounced citizenship and eligibility, say NJ anti-HCR plaintiffs|publisher=Essex County Conservative Examiner|date=2010-10-20|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act double-taxes some forms of income, and taxes other forms of income that do not in fact exist. This exceeds the authority of the [[United States Congress]] under the [[Sixteenth Amendment]].

# The Act double-taxes some forms of income, and taxes other forms of income that do not in fact exist. This exceeds the authority of the [[United States Congress]] under the [[Sixteenth Amendment]].<ref name=dbltax>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/nj-plaintiffs-hcr-exceeds-16th-amendment|title=NJ plaintiffs: HCR exceeds 16th amendment|publisher=Essex County Conservative Examiner|date=2010-10-21|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act subjects patient medical records subject to unreasonable and warrantless search and seizure, in violation of the [[Fourth Amendment]].

# The Act subjects patient medical records subject to unreasonable and warrantless search and seizure, in violation of the [[Fourth Amendment]].<ref name=srchseize>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/nj-plaintiffs-warn-of-warrantless-search-and-seizure-of-medical-records|title=NJ plaintiffs warn of warrantless search and seizure of medical records|publisher=Essex County Conservative Examiner|date=2010-10-24|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act deprives individuals of property without due process of law ([[Fifth Amendment]]) and thus subjects them to involuntary servitude ([[Thirteenth Amendment]]).

# The Act deprives individuals of property without due process of law ([[Fifth Amendment]]) and thus subjects them to involuntary servitude ([[Thirteenth Amendment]]).<ref name=slavery>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/hcr-mandate-and-due-process-of-law|title=HCR mandate and due process of law|publisher=Essex County Conservative Examiner|date=2010-10-25|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act directs the States, through the mandate to create "insurance exchanges," to take their residents' property without due process of law and to deny them the equal protection of the laws ([[Fourteenth Amendment]]).

# The Act directs the States, through the mandate to create "insurance exchanges," to take their residents' property without due process of law and to deny them the equal protection of the laws ([[Fourteenth Amendment]]).<ref name=14thamend>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/http://www.examiner.com/essex-county-conservative-in-newark/hcr-bill-forces-states-to-act-unconstitutionally-say-nj-plaintiffs|title=HCR bill forces States to act unconstitutionally, say NJ plaintiffs|publisher=Essex County Conservative Examiner|date=2010-12-27|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act creates a mechanism for the establishment of certain "religious sects and divisions" as favored over others, because adherents thereof "don't believe in insurance." ([[First Amendment]])

# The Act creates a mechanism for the establishment of certain "religious sects and divisions" as favored over others, because adherents thereof "don't believe in insurance." ([[First Amendment]])<ref name=1stamend>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/nj-plaintiffs-obama-administration-establishing-religions|title=NJ plaintiffs: Obama administration establishing religions|publisher=Essex County Conservative Examiner|date=2010-12-29|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act creates a federal monopoly, with clear price-fixing and barriers to entry, in violation of antitrust law, this although it never once specifically abrogates those portions of existing antitrust law that the relevant provisions would violate.

# The Act creates a federal monopoly, with clear price-fixing and barriers to entry, in violation of antitrust law, this although it never once specifically abrogates those portions of existing antitrust law that the relevant provisions would violate.<ref name=antitrust>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/hcr-bill-attempts-to-limit-judicial-review|title=HCR bill attempts to limit judicial review|publisher=Essex County Conservative Examiner|date=2011-01-01|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act discriminates among races, through the differential taxation of certain therapies, cosmetic services, and the like that some races would likely utilize more than others ([[Fourteenth Amendment]]).

# The Act discriminates among races, through the differential taxation of certain therapies, cosmetic services, and the like that some races would likely utilize more than others ([[Fourteenth Amendment]]).<ref name=discrimination>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/hcr-and-equal-protection-of-the-laws|title=HCR and equal protection of the laws|publisher=Essex County Conservative Examiner|date=2011-01-02|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act implicates Members of Congress in an action violative of their oath "to support and defend the Constitution...against all enemies, foreign and domestic," namely the passing of a bill that they know, or ought to have known, is unconstitutional on its face. (Article VI)

# The Act implicates Members of Congress in an action violative of their oath "to support and defend the Constitution...against all enemies, foreign and domestic," namely the passing of a bill that they know, or ought to have known, is unconstitutional on its face. (Article VI)<ref name=constoath>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/what-the-constitutional-oath-means|title=What the constitutional oath means|publisher=Essex County Conservative Examiner|date=2011-01-05|accessmonthday=January 9|accessyear=2011}}</ref>

# The Act arrogates to the federal government certain powers that were never delegated to it, nor prohibited by it to the States, powers that are, therefore, reserved to the States, or to the people. ([[Tenth Amendment]])

# The Act arrogates to the federal government certain powers that were never delegated to it, nor prohibited by it to the States, powers that are, therefore, reserved to the States, or to the people. ([[Tenth Amendment]])<ref name=rsrvpwrs>{{cite web|last=Hurlbut|first=Terry|authorlink=User:TerryH|url=http://www.examiner.com/essex-county-conservative-in-newark/pro-se-plaintiffs-protest-hcr-effect-on-nj-other-states|title=Pro se plaintiffs protest HCR effect on NJ, other States|publisher=Essex County Conservative Examiner|date=2011-01-06|accessmonthday=January 9|accessyear=2011}}</ref>

== Standing to file ==

== Standing to file ==