[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 475 Introduced in House (IH)]

112th CONGRESS
  1st Session
H. RES. 475

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


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                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 2011

Mr. Roe of Tennessee (for himself, Mr. Conaway, Mr. Gingrey of Georgia, 
 Mr. Duncan of Tennessee, Mr. Palazzo, Mr. Bucshon, Mr. Barletta, Mr. 
   Bonner, Mr. Harper, Mr. Bilirakis, Mr. Woodall, Mr. Crawford, Mr. 
Gohmert, Mr. Burgess, Mr. Alexander, Mr. McClintock, and Mrs. Miller of 
Michigan) submitted the following resolution; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
   Energy and Commerce, Education and the Workforce, the Judiciary, 
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 5000A(a) of the Internal Revenue Code of 1986, added by section 
        1501 of the Patient Protection and Affordable Care Act, and commonly 
        referred to as the ``individual mandate'', and the penalty provision in 
        section 5000A(b) of such Code that enforces it, are unconstitutional 
        because they were not an exercise of Congress's power to tax, and they 
        are beyond Congress's power under the Commerce Clause and the Necessary 
        and Proper Clause; and
Whereas the individual mandate and the penalty provision that enforces it are 
        not severable from the remainder of the Patient Protection and 
        Affordable Care Act (Public Law 111-148): 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) section 7421 of the Internal Revenue Code of 1986, 
        commonly referred to as the ``Anti-Injunction Act'', applies 
        neither to the individual mandate nor to the penalty provision 
        that enforces it, and therefore does not preclude the Federal 
        courts from finding that the Patient Protection and Affordable 
        Care Act is unconstitutional in its entirety.
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