Skip to comments.Obamacare can be defunded without Senate approval
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 ...
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 dont 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 dont see how this is different from what has already been tried.
I dont see either. There is some legal minutiae that wasnt explained or understood by the author, or that I dont understand.
And other posts stated this too: if whatever the House sends doesnt 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.