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Obamacare can be defunded without Senate approval
The Examiner ^ | 10/2/13 | Christopher Collins

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 ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: aca; boehner; constitution; corruption; coup; democrats; govtabuse; mediabias; nobamacare; obama; obamacare; scotus; shutitdownfunding; tedcruz; tyranny
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"If Obamacare is removed from the government budget, presented, and voted on as a separate bill, Obamacare can be defunded by the House. If that is the case, then the Senate and the President has no constitutional authority to override the House's decision."

Wish they would do this NOW

1 posted on 10/03/2013 3:32:21 AM PDT by blueyon
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To: blueyon

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.


2 posted on 10/03/2013 3:35:59 AM PDT by Rapscallion (Vlad the Impaler proposed no path to citizenship. Consider that.)
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To: blueyon

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.


3 posted on 10/03/2013 3:36:00 AM PDT by Rapscallion (Vlad the Impaler proposed no path to citizenship. Consider that.)
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To: blueyon

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.


4 posted on 10/03/2013 3:42:58 AM PDT by Truth29
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To: blueyon

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


5 posted on 10/03/2013 3:44:03 AM PDT by silverleaf (Age takes a toll: Please have exact change)
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To: blueyon

Then they should do it now.

Wasn’t funding for this done outside the regular budget process?


6 posted on 10/03/2013 3:47:06 AM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Truth29

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.


7 posted on 10/03/2013 3:50:28 AM PDT by Venturer ( cowardice posturing as tolerance =political correctness)
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To: Truth29

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?


8 posted on 10/03/2013 3:50:52 AM PDT by silverleaf (Age takes a toll: Please have exact change)
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To: Rapscallion

...”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.


9 posted on 10/03/2013 3:51:01 AM PDT by jazzlite (esat)
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To: blueyon

Why doesn’t the House stop paying the Obamacare workers?


10 posted on 10/03/2013 3:51:26 AM PDT by Venturer ( cowardice posturing as tolerance =political correctness)
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To: blueyon

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?


11 posted on 10/03/2013 3:51:29 AM PDT by NonValueAdded (Occupy the DC Mall - take back the monuments)
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To: blueyon

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?


12 posted on 10/03/2013 3:51:33 AM PDT by Neidermeyer (I used to be disgusted , now I try to be amused.)
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To: Rapscallion

This information needs to be sent by us FREEPERS, to all of our U.S. House of Representatives Members ASAP.


13 posted on 10/03/2013 3:51:52 AM PDT by Mr. Wright
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To: blueyon

Im not familiar with Dr Pease.


14 posted on 10/03/2013 3:52:58 AM PDT by rrrod (at home in Medellin Colombia)
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To: Venturer

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


15 posted on 10/03/2013 3:54:20 AM PDT by silverleaf (Age takes a toll: Please have exact change)
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To: NonValueAdded

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.


16 posted on 10/03/2013 3:54:50 AM PDT by Neidermeyer (I used to be disgusted , now I try to be amused.)
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To: blueyon

Bttt.


17 posted on 10/03/2013 3:55:20 AM PDT by Las Vegas Dave (The Democratic party preys on the ignorant..)
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To: Venturer

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


18 posted on 10/03/2013 3:57:07 AM PDT by silverleaf (Age takes a toll: Please have exact change)
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To: blueyon

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?


19 posted on 10/03/2013 4:07:20 AM PDT by Cowboy Bob (They are called "Liberals" because the word "parasite" was already taken.)
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To: silverleaf
"when will the awakening come?"

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.

20 posted on 10/03/2013 4:11:10 AM PDT by Truth29
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To: silverleaf

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.


21 posted on 10/03/2013 4:19:27 AM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: blueyon

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.


22 posted on 10/03/2013 4:36:12 AM PDT by rockabyebaby (We are sooooooooooooooooooooooooooooooooo screwed!)
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To: blueyon

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.


23 posted on 10/03/2013 4:38:32 AM PDT by Repeal The 17th (We have met the enemy and he is us.)
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To: blueyon

I can’t believe how dumb our elected officials are. Oh, wait a minute, yes I can.


24 posted on 10/03/2013 4:43:27 AM PDT by New Jersey Realist (America: home of the free because of the brave)
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To: blueyon

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.


25 posted on 10/03/2013 4:44:13 AM PDT by DJ Taylor (Once again our country is at war, and once again the Democrats h ave sided with our enemy.)
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To: silverleaf

> 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.


26 posted on 10/03/2013 4:46:07 AM PDT by jsanders2001
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To: rrrod
"I'm not familiar with Dr Pease."
http://newsle.com/person/haroldpease/3657049
27 posted on 10/03/2013 4:58:07 AM PDT by preacher (I am not a global warming hoax denier.)
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To: blueyon

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.


28 posted on 10/03/2013 5:04:06 AM PDT by arthurus (Read Hazlitt's Economics In One Lesson ONLINEhttp://steshaw.org/economics-in-one-lesson/)
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To: blueyon
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.

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?

29 posted on 10/03/2013 5:10:48 AM PDT by olezip (Time obliterates the fictions of opinion and confirms the decisions of nature. ~ Cicero)
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To: rrrod

You will find his name prominently on the IRS Audit list... near the top.


30 posted on 10/03/2013 5:14:01 AM PDT by Coffee... Black... No Sugar (I'm gonna' BICKER!)
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To: blueyon
Since the King changed the ObamaCare law several times and since The Chief Minion of the Supreme Court morphed it from a mandate to a tax, did Barry make enough changes in the law - after signing it and well after Roberts "fixed it" for him - to justify taking it back to SCOTUS?

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?

31 posted on 10/03/2013 5:19:42 AM PDT by SERKIT ("Blazing Saddles" explains it all.......)
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To: Repeal The 17th

“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.


32 posted on 10/03/2013 5:30:00 AM PDT by ReaganGeneration2
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To: blueyon

Direct election of Senators is an unconstitutional amendment and goes directly against the structure of the federal goobermunt.


33 posted on 10/03/2013 5:34:11 AM PDT by MN.Gruber06 (A besieged constituent in the beautiful Star of the North. Vote OUT Franken, Klobuchar and Dayton.)
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To: silverleaf

astute observation.....on history!!!


34 posted on 10/03/2013 5:35:16 AM PDT by kimtom (USA ; Freedom is not Free)
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To: blueyon

Save for later read. Thanks for the post.


35 posted on 10/03/2013 5:49:10 AM PDT by Racer1
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To: Rapscallion

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.


36 posted on 10/03/2013 5:53:14 AM PDT by i_robot73 (Give me one example and I will show where gov't is the root of all problems.)
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To: ReaganGeneration2; Repeal The 17th

““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


37 posted on 10/03/2013 5:54:10 AM PDT by blueyon (The U. S. Constitution - read it and weep)
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To: blueyon
Pease said, “Everything hinged upon funding which was given exclusively to the House of Representatives, the only power that they alone had.”

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.

38 posted on 10/03/2013 6:04:53 AM PDT by trebb (Where in the the hell has my country gone?)
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To: silverleaf
they don’t wear uniforms

Are you sure? I bet they already have been fitted for black uniforms and the are on order.

39 posted on 10/03/2013 6:11:49 AM PDT by Texas Fossil
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To: blueyon

Bump


40 posted on 10/03/2013 6:13:07 AM PDT by ReaganÜberAlles
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To: blueyon

The”Power Of The Purse”Belongs(Exclusively)To The House!


41 posted on 10/03/2013 6:16:14 AM PDT by bandleader
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To: blueyon

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.


42 posted on 10/03/2013 6:27:10 AM PDT by Ironfocus
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To: blueyon; kristinn; IBD editorial writer; WashingtonSource; SeekAndFind; cotton1706; COBOL2Java; ...

” - - - 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 !


43 posted on 10/03/2013 6:28:32 AM PDT by Graewoulf (Traitor John Roberts' Marxist Obama'care' Insurance violates U.S. Constitution AND Anti-Trust Law.)
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To: Neidermeyer
-- YOU will be told you have no standing ,, that attack must come from the House. --

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.

44 posted on 10/03/2013 6:32:50 AM PDT by Cboldt
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To: olezip

Yes, it sounds like he’s advocating what the house is doing now by introducing piecemeal funding.


45 posted on 10/03/2013 6:37:54 AM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: Ironfocus

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.


46 posted on 10/03/2013 6:45:18 AM PDT by butterdezillion (Free online faxing at http://faxzero.com/ Fax all your elected officials. Make DC listen.)
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To: blueyon

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.


47 posted on 10/03/2013 6:49:32 AM PDT by bert ((K.E. N.P. N.C. +12 ..... Travon... Felony assault and battery hate crime)
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To: silverleaf

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?


48 posted on 10/03/2013 6:56:35 AM PDT by butterdezillion (Free online faxing at http://faxzero.com/ Fax all your elected officials. Make DC listen.)
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To: butterdezillion

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.


49 posted on 10/03/2013 7:05:36 AM PDT by Ironfocus
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To: Cowboy Bob

Interesting question.


50 posted on 10/03/2013 7:06:23 AM PDT by 9YearLurker
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