[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 469 Introduced in House (IH)]

112th CONGRESS
  1st Session
H. RES. 469

 Expressing the sense of the House of Representatives that the Patient 
        Protection and Affordable Care Act is unconstitutional.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2011

  Mr. Roe of Tennessee submitted the following resolution; which was 
  referred to the Committee on the Judiciary, and in addition to the 
 Committees on Energy and Commerce, Ways and Means, Education and the 
    Workforce, Natural Resources, House Administration, Rules, and 
   Appropriations, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives that the Patient 
        Protection and Affordable Care Act is unconstitutional.

Whereas section 1501 of the Patient Protection and Affordable Care Act (42 
        U.S.C. 18091), commonly referred to as the ``individual mandate'', is 
        unconstitutional because it was not an exercise of Congress's power to 
        tax, and it is beyond Congress's power under the Commerce Clause and the 
        Necessary and Proper Clause;
Whereas the individual mandate is not severable from the remainder of the 
        Patient Protection and Affordable Care Act (42 U.S.C. 18001 note, et 
        seq.): Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) the Patient Protection and Affordable Care Act is 
        unconstitutional in its entirety; and
            (2) the Anti-Injunction Act (28 U.S.C. 2283) does not apply 
        to the penalty provision that enforces the individual mandate, 
        and therefore does not preclude the Federal courts from finding 
        that the Patient Protection and Affordable Care Act is 
        unconstitutional in its entirety.
                                 <all>