Posted on 07/01/2012 8:51:53 AM PDT by MrChips
DOES ANYONE KNOW THE ANSWER TO THIS QUESTION? . . . . I heard somewhere that if Obama wins re-election (God forbid) but the Republicans take the Senate and keep the House, that the bill can be repealed as a reconciliation bill WITHOUT the president's signature. Is that true?
What you said: “...If Romney wins, and we get a Republican house and Senate, we get it repealed.”
What too many hear: “blah, blah, blah...Mormon...blah, blah, blah...Mormon...blah, blah, blah...Mormon...blah, blah, blah...”
Sad, really.
Not, it’s not true. Still requires the Resident’s signature 0r 2/3 majorities to override the veto.
They’ll have to get over their hangups. We’ve had Quakers, Deists, Catholics, and philandering hypocrites in the White House. But its the socialist in the White House right now who’s the real problem.
Since door-to-door canvassing is the best way to get out the vote....let’s start having some neighborhood/church family or mini-community get-togethers to influence some honest discussion and more ways to get others to vote...vans/buses/absentee ballots for the elderly/infirm...etc.
WE can do this REALLY well!
You need two-thirds of the Senate for removal. That won't happen.
As far as the commerce clause it could have been given the same lack of power as Rogers did and still repeal the entire or at least the penalty part of the bill. Think!!!!!
“Reconciliation can’t be used on the Mandate. It CAN be used on a couple of minor provisions, but that’s it. And, as others said, it requires the President’s signature regardless.”
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ObamaCare was passed by the Senate IN ITS ENTIRETY using reconciliation. It can be negated IN ITS ENTIRETY in 2013 using reconciliation. And there’s not a reason in the world why the Republicans wouldn’t want to do that—except perhaps for McConnell’s cowardliness and desire to “be nice” to the Democratic minority.
And that’s the reason we all have to elect as many TRUE CONSERVATIVE Republicans to the Senate as possible.
From the Senate website... "override of a veto - The process by which each chamber of Congress votes on a bill vetoed by the President. To pass a bill over the president's objections requires a two-thirds vote in each Chamber. Historically, Congress has overridden fewer than ten percent of all presidential vetoes.
Would/could it happen? not likely...
Robert’s bought the administration’s second fallback argument — that the penalty for not buying insurance is a tax, even though the administration abandoned that argument during the course of litigation, and even though calling it a “tax” would seem to implicate the Anti Injunction Act, which would preclude the Court from even deciding this case until someone was forced to pay the tax, which won’t happen for another couple of years. Yet the Court apparently brushed aside that AIA impediment — talk about lawlessness — in its rush to uphold ObamaCare.
And so there’s your foundation for the decision: the individual mandate is constitutional based on Congress’s power to tax: Congress can “tax” those who don’t buy government approved health insurance. Don’t ask what kind of a “tax” that is! It’s not an income tax. Nor is it a duty, impost, or excise tax, the only kinds of taxes recognized under the Tax Clause of the Constitution, where Roberts purports to rest Congress’s power; and it certainly isn’t “uniform throughout the United States,” as is required for those taxes. It’s sui generis, which is a polite way of saying it’s unconstitutional — if we take the Constitution seriously.
But that’s just the problem, isn’t it? As James Madison, the principal author of the Constitution, Thomas Jefferson, and virtually everyone else at the Founding made clear, the power to tax, the first of Congress’s 18 enumerated powers, like the power to borrow, Congress’s second enumerated power, was designed to enable Congress to obtain the funds needed to carry out its other enumerated powers or ends. It was not, as Madison made clear in Federalist 41, and often on the floor of Congress, an independent power to tax for any purpose at all. Search as you will through those 18 enumerated powers and you will find no power to enact ObamaCare or anything like it. And please don’t say that the taxing power serves the commerce power which in turn authorizes the individual mandate, because the Court nixed that second leap today. ~ Roger Pilon [Cato]
It will be a stunning defeat. Obama will be shocked by what happens and so will all Democrats.
Once Obama is defeated and there is a sea change in Congress the Republicans and Democrats must learn from the Democrats and become as much like Bill "The Butcher" Cutting from the movie Gangs of New York.
For now we must hammer and hammer the other side. Words like pain, loss, death, abuse, theft should be used to describe Obama. This is a cage fight. It is a blood match. If we lose we lose everything. The other side does not get it. They will happily boil in the pot until they are down to nothing. We cannot let this county die! Here is our anthem!
Chief Justice John Marshall ~ “The power to tax is the power to destroy.”
One of the major accomplishments of the Congress in 2013 will need to be the “Omnibus Budget Reconciliation Act of 2013”. It’s overall intent will be to include all the measures necessary to comply with a targeted budget level. But it can also have (more accurately MUST HAVE) bundled within it all kinds of related measures that would otherwise get nowhere due to filibustering by the 2013 Democrat Senate minority. These measures can include the complete defunding of leech liberal organizations such as NPR, the massive reduction in funding for out=of-control liberal arms of government such as the EPA and Dept of Education. Secondary to such funding reduction will have to be elimination of provisions in US law over which they have jurisdiction.
To do any of this we’ll have to no longer have wemps (à la McConnell) in charge of Senate Republican decisions, tactics & strategy.
Let’s all work for Senate conservatives candidates in this election!
Regardless of the actions of the Senate an Impeachment in the House would be a major rebuke of Roberts. It would put massive pressure on him to resign and it would sully his reputation forever in history. Only one other Supreme Court Justice has ever been impeached, he would wear it like a millstone for all his life.
He has a lifetime appointment, only through the legal ridicule and indictment of impeachment can he be held to account.
As far as my feelings, they are not hurt. I do not know John Roberts, he owes me nothing but what he is required by law to do, Uphold the Constitution.
What is hurt, what is forever damaged, is the Constitution. Roberts did untold damage to it and to the future of the Republic with this lawless, insane, & rambling ruling.
If Romney can not fire up the base then maybe we need to....
Bottom line we need Obama OUT !
Bingo!
It can't be a tax, for exactly the same reason the commerce clause can't: its inactivity means that it doesn't exist and therefore cannot be regulated.
Calling it a tax is declaring that you can be taxed for things you don't buy, for money you don't earn, for investments (capital gains) you don't make.
The problem is, there are plenty of ways that people are already effectively “taxed” for inactivity, for example, by losing out on certain tax credits. You can be taxed for not having dependents, for renting your house rather than owning, etc. In a way, Obamacare basically raises EVERYONE’S taxes, and gives a credit to people who buy insurance.
they specifically state that it is the FUNCTIONAL approach that they rely on.
Specifically because of that, they get away with this.
I think a lot of people on our side are being too smart by half in forgetting that. The section you quote specifically underlines part of what I discussed in my previous post to you; that the language in the bill is fatal to the application of the Anti-Injunction act (so they - SCOTUS were able to proceed to judge the case on the merits instead of declining to hear further argument).
That’s the beauty of it from the Liberal Democrat’s angle - they get to have it both ways because the court said just that.
Let us work with all of our might—all of our treasure to get Obama out of the White House But—we would be fools to not have a “Plan B” in case he wins re-election.
IF he wins we must endeavor to discover all his secrets—from birth to grades to papers and crimes (if any).
We must resolve ourselves to gear up for the election of 2014 to drive out all the Democrat/Progressives from office all over America. We must resolve to get Nancy P. out of Washington DC or impeach her for corruption. We must revive the Tea Parties and keep the Democrats feet to the fire.
We must keep the rule of Law! slowly, we can dismember the Obama plans. Work for 2016!
“Plan C” should be readied as well.... Non-violent rebellion, a new Civil Rights act to keep American Freedoms.
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