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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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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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