Can Appropriations Bills Defund Obamacare? [Yes!]

Heritage Foundation ^ | Aug 14, 2013

[Jim Robinson]

• Some have argued that because much of Obamacare constitutes “mandatory” spending—namely, new entitlements such as the massive Medicaid expansion and exchange insurance subsidies—Congress is powerless to defund the entire law as part of its annual appropriations bills. These claims are false.

• Congress routinely enacts changes to mandatory spending programs as part of its annual appropriations process. The non-partisan Congressional Budget Office (CBO) recognizes these changes when analyzing spending bills and scores them as CHiMPS—changes in mandatory program spending.

• In February 2011, the House of Representatives passed H.R. 1—legislation intended to reduce federal spending by $100 billion, consistent with House Republicans’ “Pledge to America.” CBO found 23 pages’ worth of CHiMPS in the House-passed version of H.R. 1. These reductions in mandatory spending ran the gamut from $26 million in savings over one year, and $74 billion in savings over ten years, achieved by reducing the maximum Pell Grant award (Section 1831), to $30 million in savings achieved by reducing mandatory appropriations to the Consumer Financial Protection Bureau (Section 1517).

• Congress has already defunded mandatory programs within Obamacare—and done so through appropriations measures. Section 1857 of the continuing resolution Congress enacted in April 2011 (P.L. 112-10) “permanently cancelled” $2.2 billion in mandatory funding to Obamacare’s co-op health insurance program.

• Congress has also defunded elements of health care entitlements for decades. Every year since 1976, Congress has enacted the Hyde Amendment, which bans federal funding of abortion. This provision, enacted as part of discretionary appropriations legislation, prohibits abortion coverage in the Medicaid entitlement program.

• Historically, Congress has used the “power of the purse” broadly to make key policy statements through defunding. For instance, in 1982 Congress acted to block the Reagan Administration’s policy for supporting the Contra forces opposing the Nicaraguan government. As part of Public Law 97-377, Congress prohibited both the Department of Defense and the Central Intelligence Agency from furnishing military equipment and support to any group for the purpose of overthrowing the Nicaraguan government. Even though defense spending is not funded through mandatory appropriations, the example demonstrates that defunding has been—and remains—a powerful tool Congress can use to affect public policy.

• Given the examples above, and numerous others, it is beyond dispute that Congress can use its power of the purse to defund Obamacare—both its mandatory and discretionary spending—in appropriations legislation this fall. The lone remaining question is whether Congress can summon the political will to do so.

[stevie_d_64]

I see what you are getting at, but I dissagree that there is a compramising brigade anywhere near the base of the conservative movement...

The “leadership” in the Republican party IS solidifying their moderate (Compromising methodology)...This will be their undoing...

That’s why they, (leadership), are trying to oust as many people in the Republican party that are not buying into this middle of the ground politicking...

And when people talk about this third party thing, the directive is to scoff, demean, critizise, ostrasize and do whatever they can to keep those weaker republicans in line...

[geologist]

Thank you for stating a very real truth. We keep doing the same thing expecting different results!!!

Many are apathetic. Basically accepting the idea that nothing changes. and we can do nothing. Self defeatism. How to get them to engage is the question.

Sarah Palin walked onto the stage when she first appeared as candidate for vice President, she immediately changed the atmosphere. What she said was so right on and HOPE sprang up in the hearts of many. She was hindered by McCain's handlers. The tea party is the outcome of this hope.

IT CAN BE DONE. Sarah CAN DO IT! WILL SHE? ATTACKS ON HER FROM EVERY POSSIBLE SOURCE AND THE MAJORITY OF THE NEWS MEDIAS COMPROMISED HER IN EVERY WAY POSSIBLE. STUPID! A QUITTER! ETC.! SHE HAS A YOUNG FAMILY AT HOME. HER FAMILY IS VERY MUCH AFFECTED BY HER BEING A MAJOR CANDIDATE FOR PRESIDENT SENATOR, ETC.

A DIFFICULT DECISION AND TIME FOR SARAH.

GOD BLESS SARAH AND HER FAMILY, GOD BLESS AMERICA. LET US TURN TO GOD IN FAITH.

[Norm Lenhart]

“I see what you are getting at, but I dissagree that there is a compramising brigade anywhere near the base of the conservative movement...”

Click on my name and read the past three days of posts/replies.

We at FR are pretty much the conservative base. How many people do you see giving me hell for saying that we should never vote RINO and how many are demanding we do?

I think that pretty much backs up my statement. Especially when there are a number of Freepers who have been hammered by these psuedocons for the same thing.

We have to face the fact that we collectively are not the conservative base we once were. We are lousy with moderates and worse claiming to be what they aren’t.

[TMSuchman]

We say YES, but sadly it will never get through the senate due to harry reid. Maybe if we can shed him & his influence on the Senate, we might be able to get something through. It is up to the people of Nevada to rid the US of this menace to our body politic!

[stevie_d_64]

Good point...

Maybe I should have said that the “base” (conservative) on the surface is shrinking, in both numbers and people actively pursuing issues and politicians and holding their feet to the fire...Therefore we see less influence the true conservatives have and the increasing malaise and moderation demonstrated by the republican party elites and leadership...

We see everyday the feckless compramising that is turning off so many people to the process, that the only thing we have left are the elections...

And even those are under attack by those who wish to destroy the last fabric of choice we do have in this country...Once they take away the credibility of elections, what are we left with???

Hehehe, I’ll let folks decide what the answer to that is...

There I go dangling a patarticiple again...;-)

I hope this clears up any ambiguity I may have posted in the past...

[A Navy Vet]

Keep dreaming, Jim. Ain’t going to happen.