Posted on 10/03/2013 3:32:21 AM PDT by blueyon
When the House passed legislation to defund ObamaCare but would keep the government running through mid-December, the Senate, led by Senate Majority Leader, Senator Harry Reid (D-NV) stated that they would not budge on Obamacare and the legislation was defeated.
On Monday, Dr. Harold Pease, an expert on the United States Constitution, stated that the authority in dealing with Obamacare funding belongs to the U.S. House, not the U.S. Senate and that the House is doing this all wrong.
Pease said, “Everything hinged upon funding which was given exclusively to the House of Representatives, the only power that they alone had.”
(Excerpt) Read more at examiner.com ...
Wish they would do this NOW
It is about time somebody actually read what the Constitution says about who funds what. It is for the House of Representatives to do, and ONLY the House of Representatives.
It is about time somebody actually read what the Constitution says about who funds what. It is for the House of Representatives to do, and ONLY the House of Representatives.
Correct analysis, but it doesn’t account for the fact that Obama and Reid will not allow such a decoupling and will reject a larger funding bill that does not include Obamacare. That is essentially the present situation with the demons of the Left shutting down the government rather than touching Obamacare while the media is screaming 24/7 that it is the Republican’s fault. Will the GOP hold? I wouldn’t bet much on Boehner and also worry that Peter King is going to be the lever to deprive Boehner of his working majority and force a CR without any conditions.
the entire history of rammming this bill into becoming “the law of the land” was accomplished by circumventing the US Constitution with “special rules”
go back 3.5 years and re-read about Pelosi and Reid’s maneuvers
Then they should do it now.
Wasn’t funding for this done outside the regular budget process?
It’s kind of funny how they can close the Government , but open Obamacare.
Aren’t the Obamacare workers Government employees?
Why is no one mentioning that Obamacare employees are essential and Government workers are not.
17 GOP congress defectors is all it take to topple Boehner’s position and surely the democrats have targeted their victims and are working ruthlessly on them with every means at their disposal
that means every means
by some counts the demos already have perverted 15 RINOs into buckling for a “clean CR”
you look at nations in history whose govt has done terrible cruel things to its own people while other people cooperated or stood by and thought it could never happen
but the same sociopath personalities are rampant in our govt, embedded into the bureaucracy, and working to advance their agenda by any means
when will the awakening come?
...”It is about time somebody actually read what the Constitution says about who funds what. It is for the House of Representatives to do, and ONLY the House of Representatives”...
But, to do as the Constitution says in this case would rule out tyrants and a dictatorship. They can’t have that now that they almost have it all wrapped up. Anyway, the press thinks it is a part of the government and it LOVES power over the people.
Why doesn’t the House stop paying the Obamacare workers?
Let’s add one more thing to Dr. Pease’s analysis of what CJ Roberts did ... Constitutionally, a revenue bill MUST originate in the house. The Senate, taking a NON-revenue bill, hollowing it out, and then sticking the genesis of Obamacare in the empty husk WAS A SHAM. OBAMACARE ORIGINATED IN THE SENATE!!! Where is the challenge to this??????? Is this what Roberts is waiting for? Where the heck are we on this?
This article is correct to my knowledge... will we have the cajones to not only follow the proper procedures but stand up to Reid and obunghole?
This information needs to be sent by us FREEPERS, to all of our U.S. House of Representatives Members ASAP.
Im not familiar with Dr Pease.
obama’s army- the one he talked about creating
an army of manipulated and manipulative “community organizers” approvingly encouraged and funded through govt officials and agencies through govt grants
ACORN on steroids
surprise. they don’t wear uniforms
The Senate, taking a NON-revenue bill, hollowing it out, and then sticking the genesis of Obamacare in the empty husk WAS A SHAM. OBAMACARE ORIGINATED IN THE SENATE!!! Where is the challenge to this??????? Is this what Roberts is waiting for? Where the heck are we on this?
******************************************
YOU will be told you have no standing ,, that attack must come from the House.
Bttt.
their funding is coming from a myriad of slush funds from previous “budget” plus private foundations, big donors and corporations, not under the House. The capitalists are funding their own demise. As planned
Isn’t the CR the continuation of the last budget passed by congress - about 4 years ago? If so, ObamaCare wasn’t part of the last budget. So, how is it possible to fund a program that was not in the original budget?
I am afraid it will either end in death and destruction or subjugation of a sullen populace crushed by the weight of the Federal government in the model of Castro's Cuba.
At this point the constitution means nothing, it does no good to cite it, and their is no constitutional remedy short of nullification by the states.
Boehner et al are too weak to take a stand like this, I’m really really stunned that boehner has not caved yet, not sure what he’s up to, I suspect something sinister and it’s just a matter of time before he caves and sells us down the river.
The author suggests de-coupling the rest of the continuing resolution from the affordable care act and passing them as separate items.
“...If Obamacare is removed from the government budget, presented, and voted on as a separate bill...”
I don’t see how this is different from what has already been tried.
I can’t believe how dumb our elected officials are. Oh, wait a minute, yes I can.
The historic parallel between the Russian Communist Revolution of 1917 and what’s currently occurring in the United States is uncanny.
On November 2, 2008, the Democrat/Communist Party stormed the Winter Palace and killed the Czar (U.S. Constitution)and put Lenin (Obama) in the Kremlin (White House).
At this point in the Russian Communist Revolution, and just as it’s occurring now in the U.S., a Civil War erupts between the Red faction and the White faction that continues for another six years.
> when will the awakening come?
Oh it’s coming as soon as the people start experiencing the real financial consequences of allowing this rank amateur’s actions. Its going to be brutal.
I suspect that if the House successfully defunds this thing and the USSC declares it unconstitutional because of the way it was funded in the first place, or for some other reason, this regime will impose it anyway and the entire bureaucracy, including the IRS will enforce it with the full power of the Presidential Law. I think the line has been crossed.
Is Pease saying the House simply needs to prepare an "Omnibus" bill that excludes funding for Obamacare, and present that to the Senate? In effect, that action would combine the piecemeal legislation into one bill.
The piece for Obamacare would then not be included in the Omnibus bill; it would be discarded and not available for consideration for the Senate to fiddle with, that is, nothing there to put back in.
Why did the House not do this in the first place?
You will find his name prominently on the IRS Audit list... near the top.
Who would have standing?
Can't we at least be point out that Barry unilaterally changed a so-called constitutional law - after signing it, and by making THOSE CHANGES made it......UNCONSTITUTIONAL????
This was not a line-item veto, it was an imperial President re-writing law by edict. Some would argue that this alone was an impeachable offense. Some would argue that Roberts should be impeached for rewriting the law.
Where is the outrage?
“I don’t see how this is different from what has already been tried.”
I don’t see either. There is some legal minutiae that wasn’t explained or understood by the author, or that I don’t understand.
And other posts stated this too: if whatever the House sends doesn’t have ACA funding, both Reid and Obama will reject anyway.
Direct election of Senators is an unconstitutional amendment and goes directly against the structure of the federal goobermunt.
astute observation.....on history!!!
Save for later read. Thanks for the post.
What!? And have them have to abide/cite the same from then on out? That’s enough crazy talk...I’d be laughing if I wasn’t crying.
““I don’t see how this is different from what has already been tried.”
I don’t see either. There is some legal minutiae that wasn’t explained or understood by the author, or that I don’t understand.
And other posts stated this too: if whatever the House sends doesn’t have ACA funding, both Reid and Obama will reject anyway.”
The difference is they did not need to send over permission to not include it to begin with
Makes some sense - while both Houses collaborate on a budget, it would seem that the actual outlay of tax-payer funds is relegated to the House - no budget, they determine if/when money is spent. Might be a way to move away from the disastrous CRs of the last 5 years.
Are you sure? I bet they already have been fitted for black uniforms and the are on order.
Bump
The”Power Of The Purse”Belongs(Exclusively)To The House!
Why do you think there is this rush to get it going, to sign people up, even though little is ready for Obamacare to function? It is so that later on, if this does turn into a legal battle, in which the constitution is on our side, the government can throw out an emotion card and whine about what will happen to all those who will now “lose” their healthcare. Or even worse, proclaim that since this has already been implemented, with millions of participants, it should not and cannot be stopped, and I fear that even the Supreme Court won’t have the courage to strike it down, even if this imposes a tax and spending not in the budget from the House.
” - - - Pease said, “Everything hinged upon funding which was given exclusively to the House of Representatives, the only power that they alone had.” - - - “
THANK YOU for this thread!
This thread shows that victory over defunding Obamacare is Boehner’s to lose!
Now if Boehner will grow a pair and follow the US Constitution we can escape the tarbaby losing strategy “A Grand Bargain.”
We Conservatives FINALLY control the House, which is the sole branch of the Federal Government that controls the flow of money.
This is checkmate for Obama-Reid-Pelosi-RINOs IF Boehner will just FOLLOW THE US CONSTITUTION !
Damn the Democrats ! Full speed ahead !
Something makes me think this sort of attack has been mounted, by the House, and SCOTUS ruled the issue was a political question, outside of Court review.
Yes, it sounds like he’s advocating what the house is doing now by introducing piecemeal funding.
Possession is 9/10ths of the law.
In Nebraska we amended the NE Constitution to make it so that small schools could not be forced by the state to consolidate. It went to the Supreme Court and they ruled that there was nothing we the people could do about it because the works to implement consolidation were already in progress. IOW, they said that because the education dept had moved before the voters could get together the signatures for a petition, there was no way for us to stop the bureaucracy.
The same thing happened in my hometown. A consultant told the school board that the school had a “sagging beam” that made the old school building unsafe. Through a series of illegal meetings (violating the Open Meetings laws) a bond issue was placed on the ballot. My brother looked at what was supposedly the “sagging beam”; it was a return air duct. The whole thing was a lie. Because my brother and others weren’t able to get the documentation regarding the illegal meetings until after the election whereby a deceived public voted for the bond, the courts ruled that it was too late for the legality of the election to be challenged. Even an illegal election can’t be overturned, they said.
IOW, as long as unconstitutional and unlawful deeds are done quickly, there is no way for the public to fight them.
Very similar to the idea that if they screw everybody equally, nobody has standing to sue because they have no more damage than anybody else.
The whole system is hopelessly flawed. The only way we’ll ever have sanity is to tear this down and start over from scratch. IMHO.
The problem is the President doesn’t care.
He is a treacherous tyrant knowing no restraint and will do what ever he pleases.
For that reason, the House must never give in. If it does, it is declaring its self to be irrelevant.
My eyes glaze over with all the rules so I didn’t catch all the stuff initially when it happened, but whatever was used to ram the bill through should be able to be used to ram it right back through the same hole it came in through. A drill works in reverse as well as forward, right?
What were the techniques that were used to ram the bill through, and how can those techniques be used to shove it back where it came from?
Exactly right. So while we are fretting about whether the House will stand its ground, we are being outmanoeuvred behind the scenes by community organizers. The House must apply for an immediate injunction to stop any implementation of this unfunded government activity. That won’t happen, and we will be stuck with this freedom-robbing piece of crap by default.
Interesting question.
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