Obamacare can be defunded without Senate approval

The Newseum Celebrates Its Grand Opening In Washington

via examiner

By Christopher Collins

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.”

Pease went on to say, “All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. To fund anything, in this case Obamacare, first approval is required by the House of Representatives.”

“If that does not happen taxpayer money cannot be spent. The people, through their representatives to Congress, have determined, after a three-year closer scrutiny of The Patient Protection and Affordable Care Act (Obamacare), that it does not protect the patient, is not affordable and is not even workable; hence in the interests of the vast majority of the people needs to be defunded.”

When the United States Supreme Court ruled on Obamacare in 2012, Chief Justice Roberts stance on Obamacare coincides with the intent of the U.S. Constitution, explained by Pease, and the powers between the House and Senate.

According to the U.S. Supreme Court ruling, Obamacare cannot be implemented and is not considered the law of the land, contrary to Democrat claims.

Bubba Atkinson of the Independent Journal Review wrote, “Chief Justice Roberts actually ruled the mandate, relative to the commerce clause, was unconstitutional. That is how the Democrats got Obama-care going in the first place. This is critical. His ruling means Congress can’t compel American citizens to purchase anything, ever. The notion is now officially and forever, unconstitutional. As it should be.”

“Next, he stated that, because Congress doesn’t have the ability to mandate, it must, to fund Obama-care, rely on its power to tax. Therefore, the mechanism that funds Obama-care is a tax,” said Atkinson. “He struck down as unconstitutional, the Obama-care idea that the federal government can bully states into complying by yanking their existing medicaid funding. Liberals, through Obama-care, basically said to the states — “comply with Obama-care or we will stop existing funding.” Roberts ruled that is a no-no.”

When the House attached Obamacare to the legislation in funding the government, it made a mistake in doing so and the funding of Obamacare should have been separate, thereby giving the Senate no power in denying the Houses’ request to defund Obamacare.

Pease said, “House opposition to funding Obamacare would have been far more powerful if made a “stand alone” bill not attached to general funding, but it is not. “Stand alone,” having no other parts, would have left the Senate no wiggle or compromise room once it went to them, nor would there be for the Joint Conference Committee thereafter that reconciles any differences between the two houses. There would be nothing to reconcile, Obamacare is merely defunded.”

“Still, the intent of the Founding Fathers was to give the people, through their House of Representatives, the power collectively to say no to any proposed federal tax, which she is decidedly doing.”

If Obamacare is removed from the government budget, presented, and voted on as a separate bill, Obamacare can be defunded by the House and the Senate and the President has no constitutional authority to override the House decision.

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Warren Jones says:

Robert Garcia if you want someone else to pay your way move back home, or are you still in your parents basement.

Obama Care is a LAW not a Bill LEARN what you are talking about before you open your mouth Their is a way to deal with a LAW but Shutting down the Government is not the way Read the Constitution you Republican's like to quote so much when you can twist it to be in agreement with you. It is law declared so by a CONSERVATIVE United States Supreme Court. It cannot be refunded by shutting down the Government.

David Pontrelli says:

If it were a "stand alone " bill, it would be a tax, and does not need senate approval. Only the House, can spend tax dollars, and there is constitutionally jack that both the senate, nor the president can do.

Debra Lynn Radford-Boehmer says:

Robert Garcia you have no clue…

Mike LaVoie says:

Garlin Willingham Because they know if the PEOPLE voted on it it would FAIL miserably!

Cindy Large says:

…. Just DO It already !

Jim Quinn says:

Robert Garcia So your judging a man by a photograph, I might have heard that a hot-tub at a certain bed and breakfast, is really dirty and full of disease, from all the unprotected sex that takes place in there.I don't even want to talk of the unsanitary conditions in the kitchen, and all the victimized ilegals working there for less than minimum wage.

interrupting or interpreting?

Brad Kness says:

will someone please tell the house!!!

Robert Garcia Have you read it? They should have started with the Insurance Company Policies. They are so crooked they make "Chicago Style" politics look straight.

He'll never be impeached. Why do you think they picked Bidden as his VP?

Larry Mann says:

Nicole Heffel I personally think the Frederick Bastiat had a good understanding of the beauty of The United States Constitution and he did a good job of explaining it's beauty in his book "The Law".

Larry Mann says:

Robert Garcia Well if it's so good then why did Boehner and Reed work so well together to get Congress and it's staff a waiver from Obamacare? Why did Nancy Pelosi say "You have to vote for it to find out what's in it!"?? Did you see where the insurance industry took any form of a hit on this legislation? Even to this day Obama is tweaking the bill for his friends and campaign donors. Do we need to fix Health Care? You bet we do but just because this is the solution they came up with doesn't mean it was a good solution.

Kim Bennett says:

Isn't defunding exactly what they tried with the first CR? The one that most republicans voted for cloture so Harry Reid could add in Obamacare funding and pass with only 51 dem votes?

Nicole Heffel Didn't you mean "interpreting" not interruping?

Joyce Edwards I agree 100% with Maureen Williams Frier. Beside these Representative took and oath to uphold the constitution. Reid said something yesterday. He said that he works for the federal government. If he knew what was in the constitution and what he was sworn to uphold he would know that he is the "representative " of the people not the federal government. Id he knew what was in the constitution he would know that congress is not allowed to make laws for the people and not abide by the same laws. If he knew what was in the constitution he would know that we have the right to bear arms to protect us from tyranny in the government . Be a lot of them just get elected to line their pocket. They are in bed with big business . There was over 8 billion spent by lobbyist on ACA. This is a CORRUPT government!

Paul Gianni says:

Partisan bickering aside, we must acknowledge that our elected officials cannot be ignorant of this information – the majority of them are lawyers who must study the Constitution. In light of this information, why are collaborating to destroy this great republic?

Paul Gianni says:

Partisan bickering aside, we must acknowledge that our elected officials cannot be ignorant of this information – the majority of them are lawyers who must study the Constitution. In light of this information, why are collaborating to destroy this great republic?

Paul Gianni says:

Partisan bickering aside, we must acknowledge that our elected officials cannot be ignorant of this information – the majority of them are lawyers who must study the Constitution. In light of this information, why are collaborating to destroy this great republic?

Annette Hughes says:

Faith the Democrats have been raiding social security for years! If George Bush had done one tenth of what Obama has done he would have been impeached immediately!

Annette Hughes says:

Faith the Democrats have been raiding social security for years! If George Bush had done one tenth of what Obama has done he would have been impeached immediately!

Annette Hughes says:

Faith the Democrats have been raiding social security for years! If George Bush had done one tenth of what Obama has done he would have been impeached immediately!

Linda Estabrook says:

LS Pnuema Some day when you are older, dear, we will talk about it. LOL

Linda Estabrook says:

LS Pnuema Some day when you are older, dear, we will talk about it. LOL

Linda Estabrook says:

LS Pnuema Some day when you are older, dear, we will talk about it. LOL

Neo Anderson says:

Could it be that the Republicans know this but want to present themselves as different from the Democrats. This way the uninformed voters think there is a difference between the two parties,when they both want to see it funded.

Neo Anderson says:

Could it be that the Republicans know this but want to present themselves as different from the Democrats. This way the uninformed voters think there is a difference between the two parties,when they both want to see it funded.

Neo Anderson says:

Could it be that the Republicans know this but want to present themselves as different from the Democrats. This way the uninformed voters think there is a difference between the two parties,when they both want to see it funded.

Kathleen Ball says:

How do you impeach an illegal immigrant in the WH?

Kathleen Ball says:

Robert Taylor and according to Hillary Clinton, it's a 'living document', a communist's way of sayin' it don't mean much anymore!

Deb Smith says:

Does your state mandate that you purchase auto insurance?

Charlotte Darbonne-Bleidiessel says:

Right on! I agree with everything you said

Barbara Huck Stefano says:

I hope there are very good constitutional lawyers looking into this.

Antonio Da Silva says:

Perhaps if republicans would take their hands out of the same pockets the democrats have their hands in they could make a difference. Surely they could, since the corruption is so vile and the stench so great! Republicans will not do what needs to be done because they are bought and paid for by the same people Democrats are. Vote independent it's the only party worth voting for. Vote for the Libertarian Party Anybody but a democrat or republican because they both have their hands in the pockets of the same theft from America! Things could change in 5 minutes, and we could have an economic thriving like never before on Earth, if we just stop letting democrats and republicans steal. Face it they are both liars, check out a Ross Perot debate video on you tube, had they not threatened his family Ross would have won. If they allowed Gary Johnson who was the only 3rd person running on all 50 states, to debate, he would have won hands down. It would be too easy, come on, both Obama, and Romney had most of their funding come from Monsanto, look it up. Bought and paid for. Both Rep and Dem.

Tom Gilbert says:

exactly the plan, Karen.

Tom Gilbert says:

other politicians of both parties owned by the CFR, Bilderberg group, UN, Soros, etc……..

Tom Gilbert says:

other politicians of both parties owned by the CFR, Bilderberg group, UN, Soros, etc……..

Tom Gilbert says:

other politicians of both parties owned by the CFR, Bilderberg group, UN, Soros, etc……..

Tom Gilbert says:

other politicians of both parties owned by the CFR, Bilderberg group, UN, Soros, etc……..

Kathy Butler Thompson says:

The Democrats passed the Obamacare/ACA bill without a single republican input or vote, so then the republican lead congress should take a page from the Pelosi lead democrats, and defund it anyway with out democrat approval.

Not sure why you're so against Obamacare, from the look of your profile photo, you're already on socialized medicine. It's good enough for you but not those of us still young enough to contribute to society? That's a bit selfish.

According to George Bush, "Just a piece of paper."

David Crossley says:

yes

Gurney Hayes says:

Nicole all the forth grader has to understand is the four (4) pages.

THIS NEEDS TO BE PUT IN EVERY HOUSE MEMBERS HAND AND THEN THEY BE MADE TO READ AND UNDERSTAND IT AND TO THEN IMPOSE IT…!!!!

Tom Duvall says:

Impeachment's a waste of time with the senate in his pocket. At this point it would be easier to wait until he's out of office and then try him for treason.

Faith Meyer says:

Lady, you technically just brought the church into politics, first off that's a big no-no! Secondly, why is Obama any more of a "Devil" than George JR, atleast Obama is open about what he's doing, or trying to do, instead of hiding everything until it is to late, like George and HIS 'buddies' ROBBING Social Security blind! That was not theirs to use to give Banks, and other larger BUSINESSES a hand-out at the SENIOR CITIZENS expense. So face it, there is good and bad either way you look, BUT, don't make a single person at fault, it is the PARTISON in our country that is the biggest problem!!!!

Betty Hardin Jones says:

Keep sharing with friends & family. If possible post to your local news stations. Lets make someone accountable and answer why this is not being done.

Dwain Alan Boehl says:

It's all planned to shut down the Government and create civil unrest so they can start martial law, and all so create a distraction. Now has anybody heard what the Senate is doing with the UN small arms treaty?

Do we really think that the lawyers in congress didn't know this. I don't trust the Dem's or the Rep's. There is NO divide between democrats and republicans. They're all in it together. The American people are in for a ride.

Julie Porter says:

I think it originated in the House led by Nancy Pelosi

Joyce Edwards…How do you figure Constitutional law is different than 'just' having a law degree?? Every minute aspect of the practice of law in the USA is based on the Constitution, the Bill of Rights, Amendments and the inseparable statutory and case-law provisions!! Constitutional law is not 'different'…it is the bedrock on which ALL law is practiced!! Every law the legislature implements is subject to the question of 'legislative intent' in the lower courts! Please Joyce, exclude yourself from the legal aspect of the conversation if you are so uninformed as to think Constitutional law is some abstract study disassociated from all else. Even that parking ticket on your windshield is a direct result of Constitutional law! And just because someone has a law degree does not mean they have a brain or soul!!

Bob Curtin says:

in my opinion he is a member of the muslim brotherhood and out to destroy our country

Bob Curtin says:

they understand, they dont want to upset their sweet deal they have

Bob Curtin says:

amen to this statement thats why the house doesnt do anything just talk big

Just curious, Amy and Christopher – you think the way health care in the US is organized and funded now is just fine and dandy? Cuz the Republicans have had 3.5 years, not to come up with any alternative at all. THEY must think either everything is great as it is, or that what they REALLY want is totally unpalatable to the public.

Max Pruneda says:

Kathie AmericanCitizen you are so right but cutting it short as Obama is the forcing issue on this he should be charged also

John Keating says:

Do some reading before you respond to my above comment.

John Keating says:

Sad part is most Republicans are in favor and support the Affordable Care Act, but hate Obamacare.

Nicole Heffel Yeah-it's really that simple and yes, 4th graders tend to have much more commonsense than our "leaders" (LOL) leaders..hahaha

Obratma's history this next election either way, he's on the last train to Clarksville.

Nicole Heffel says:

The Constitution's body filled four handwritten pages, yet the U.S. Supreme Court has written hundreds of thousands of pages interrupting those 4 pages. Are you telling me that your 4th grader is capable of fully understanding such material?

Larry Gallo says:

Everyone on this thread- Forward the article to your Representative.

LS Pnuema says:

…what's a constitution?

LS Pnuema says:

I thought the House at the time did vote this in, because they had the house too, right….I stand for correction though

not too stupid … too lazy yes … too corrupt … yes too wanting of the power that obamacare gives them .. yes. DEFINITELY not too stupid though. the republican party has been pushing for an ever bigger and more encompassing government for several years now too. look at how much BOTH bush sr and bush jr grew the government in their terms. look at who is being pushed to be the front runner by the establishment republicans now … jeb bush. look at how much bush jr ran up the deficit himself ( granted … not as much in 8 years and obama in his first 3. still … he ran it way the hell up. and no … not all of the deficit he encurred was spent on the war). the last REAL republican president we had was reagan. he was a TRUE republican … fiscally smart … believed in limited government … believed in states rights … believed the majority of authority in this country belonged to the states .. believed in personal responsibility … believed in TRUE republicanism … not neo statist republicanism etc etc etc. reagan was a TRUE republican! the last of a dieing breed im afraid!!!!! now then … am i saying the democratic party is better than republican party? NO! am i saying the republicans want to take us to the same place as the dems do? i dont think so. ( sure as hell hope not anyway) what i AM saying is that with a few exceptions the republican party doesnt have the AMERICAN interests at heart either .. they want a form of government that WASNT designed by the founding fathers. one that will give them more power than they deserve or are entitled to by the constitution. i dont think they want to goose step us into straight up communism though. them dems however … OH HELL YES THE WANT COMMUNISM! or some form of ruling class that closely resembles communism!

remember … this was obamas baby .. brought in with him when he was elected ( such a sad day) in 2008. HE crafted this crap. HE thought this crap up. hence the reason it is so damn ungainly and massive in its scope. obama encompassed all the REAL liberal wishes into one massive overwhelming law that would give the liberals and progressives all the power they need to take this country all the way into socialism/ utopianism/ communism/ totalitarianism. by 2018 ( when obamacare is fully implemented the government will have total and complete control of the citizenry unless this monstrosity is stopped now! thats their goal! thats what they have been pushing for for the past 30 years … now they have someone who is ballsy enough to stand in front of the people … lie through his teeth and brow beat anyone that gets in his way.

it didnt even originate in the senate … it originated in the WHITE HOUSE … where NO LAWS CAN BE CREATED in the first damn place! obamacare is unlawful and unconstitutional in ALL aspects … from its birth to now …. it is a treasonous law that seeks to do nothing more than give government more control over the people AND the private markets! PERIOD!

Lynn Sever says:

Very true. All tax issues have to orginate in the House. Since this was crammed in through the senate as a tax, it is illegal and unconstitutional.

Eric Dixon says:

Garlin Willingham Sadly there are people for it. Hopefully they wake up. I just got a call from a friend who said his rates are in the 450$ range…..hes single no pre existing conditions…. how crazy is that.

Cody Lee says:

im 27 i do not want to have to grow up with this shit in my country. lets get rid of obama and all his goons

Cody Lee says:

they dont understand till this day that the constitution over rides everything. stupid aint it

Jesse Mace says:

it comes down to this, the politicians smelled power and money by getting involved with the younger generations health insurance. secondly the government needs this cash to cover the insolvency of social security and the cost of the illegal invasion from mexicans and the related strain on our health care system…they are traitors and crooks.

Becky McElrath says:

Why don't they know this?

come on people. this is all of GODS plan why do u think none of the websites r not working amen

Derek Layne says:

Why has this not been debated then? If the individual mandate is unconstitutional per pease's claim then is our governmentjust to stupid to figure it out?

Linda Reames Polete says:

Don't we pay them to know this stuff?

Gigi Davis says:

Get to calling your House reps tell them this. Let's get this thing going people!!!!

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Please take a moment to SHARE this post everywhere!
Anti-American, muslim brotherhood serving, sleazy, criminal pervert traitor in the Whitehouse! The website http://www.barrysoetoro.net now contains a link to a video where eye witness testimony is given regarding Hussein's homosexuality, drug abuse, and some very serious questions about murder. This is for real! Fox news reporter Todd Starnes. Also read about documented voter fraud and much more!
#obama #POTUS #crime #criminal #drugs #democrat #socialism #politics

Spread the word about John "Hanoi Jane" Kerry
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New online Christian alternative to Facebook. http://biblefolk.com Biblical Christianity Acts 2:38 friendly
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Mike Myers says:

WTF HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Mike Myers says:

WTF HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Mike Myers says:

WTF HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Mike Myers says:

WTF HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Mike Myers says:

WTF HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Lauren Stephens says:

seriously? WTF, we have known this ALL along and i said the minute roberts declared it a tax that it could have immediately been repealed and that i thought roberts was giving those dumbasses in the house a GIFT! but the fact is – they want obamacare because their donors are giving them the big bucks!

Lauren Stephens says:

seriously? WTF, we have known this ALL along and i said the minute roberts declared it a tax that it could have immediately been repealed and that i thought roberts was giving those dumbasses in the house a GIFT! but the fact is – they want obamacare because their donors are giving them the big bucks!

Lauren Stephens says:

seriously? WTF, we have known this ALL along and i said the minute roberts declared it a tax that it could have immediately been repealed and that i thought roberts was giving those dumbasses in the house a GIFT! but the fact is – they want obamacare because their donors are giving them the big bucks!

Lauren Stephens says:

seriously? WTF, we have known this ALL along and i said the minute roberts declared it a tax that it could have immediately been repealed and that i thought roberts was giving those dumbasses in the house a GIFT! but the fact is – they want obamacare because their donors are giving them the big bucks!

Lauren Stephens says:

seriously? WTF, we have known this ALL along and i said the minute roberts declared it a tax that it could have immediately been repealed and that i thought roberts was giving those dumbasses in the house a GIFT! but the fact is – they want obamacare because their donors are giving them the big bucks!

Defund Obamacare. No should be allowed to force anything on us that we do not want.

Dottie Fincham says:

Senate won't pass it. So what then?

Eric Hite says:

We need to get him out of office or we will be in worse debt than we already are

Karen McKee says:

this will start a war , nobody can afford it

Constitutional law is different, then just having a law degree!!

Where is Congress on this? Both parties want to take down the American people

Minu Ramsey says:

It is obvious that the House needs a refresher course on Constitutional matters, and the importance of supporting the majority of the American people.

Scott Allman says:

when justice roberts declared it a tax, i questioned why the demonrats thought they had won some big prize. thought all along that by his calling it a tax killed it. just goes to show that the dems are really that dim.

Andy Dunno says:

We'll get it done

Andy Dunno says:

We'll get it done

Andy Dunno says:

We'll get it done

Pj Garner says:

The shell of the bill originated in the House. Reid simply removed the entire contents of the original and replaced it with Obamacare. Classic bait & switch so as to avoid the mandate that spending bills must originate in the House though on the slimmest of technicalities. I think the better question is who has the pictures of Justice Roberts sporting women's underwear and used that to force his twisting the unconstitutional "fine" into a "tax".

Kathie AmericanCitizen says:

Gotta disagree on this one. I want to see every Congressman or Senator that is voting for Obamacare to be arrested for treason and high crimes for not upholding the Constitution.

I think anyone that that sided for this obarma care should be voted out next election. Maybe just get all new House Senate.

Most people have been against this from the start. Why was this not an issue for the people to vote on?This is for the people, why not by the people ?

Everyone's against it. Who do we know for sure to tell that really matters?

Deana L. Burnside says:

maybe someone in the "House" should read this article, oh, but that would be to easy.

June Ramsey says:

Well we all know Obama has not ever been straight forward……but he is a devil ! we need to continue to work against

June Ramsey says:

This what I thought ….why did it take so long?

Bob Turner says:

You sir, are correct. It is Un=Constitutional as it originated in the Senate.

David Hall says:

I am not holding my breath,…..

David Hall says:

So what are the odds that the Statists will take this action on our behalf and do the publics bidding?

John Harris says:

Not going to happen. Nice try though.

I thought all these politicians were all so smart. why didn't at least one of them think to do this? we are so screwed…

Greg Walden says:

Obama has a history of ignoring the Constitution.

Do they realize that if they stopped Obama care it would be a sweep for the Republicans next elections and Obama would freak out. Probably breaking so many laws he couldn't keep from getting impeached.

David R Smith says:

Did Obamacare originate in the Senate, or the House? Taxation(appropriation) bills must originate in the House, if I understand the constitutional powers. Am I wrong?

Congress is full of lawyers yet not one could understand the Constitution! My 4th grader even knows this!

Bill Hobart says:

Make it so Number '1'

Bill Hobart says:

Make it so Number '1'

Daniel Lamb says:

Whats the F-ing! HOld up!!

Daniel Lamb says:

Whats the F-ing! HOld up!!

Jonny Mule says:

They are all in this together!

Dennis Cline says:

why isn't anybody telling them that?

Blaine Smith says:

defund that crap then.