Obamacare can be defunded without Senate approval

Obamacare can be defunded without Senate approval

825
134
SHARE

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.

SHARE

134 COMMENTS

  1. 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?

  2. 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.

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

  4. 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.

  5. 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".

  6. 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.

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

  8. 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!

  9. 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!

  10. 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!

  11. 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!

  12. 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!

  13. 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
    http://www.swiftvets.com

    New online Christian alternative to Facebook. http://biblefolk.com Biblical Christianity Acts 2:38 friendly
    #christian #community #social #socialnetworking #christianity #bible #biblical #fbooked #facebook

  14. 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
    http://www.swiftvets.com

    New online Christian alternative to Facebook. http://biblefolk.com Biblical Christianity Acts 2:38 friendly
    #christian #community #social #socialnetworking #christianity #bible #biblical #fbooked #facebook

  15. 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?

  16. 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.

  17. 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

  18. 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.

  19. 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.

  20. 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!

  21. 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.

  22. 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!

  23. 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?

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

  25. 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.

  26. 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!!

  27. 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.

  28. 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?

  29. 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.

  30. 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!!!!

  31. 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.

  32. 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.

  33. 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.

  34. 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.

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

  36. 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.

  37. 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.

  38. 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.

  39. 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!

  40. 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!

  41. 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!

  42. 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?

  43. 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?

  44. 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?

  45. 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!

  46. 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?

  47. 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.

  48. 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".

  49. 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.

  50. 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.

  51. 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.

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

  53. Wrong Bob. It originated in the House and was passed by one vote. Then it went to the Senate where it also passed. It was during the time the Liberal left controlled all three, House, Senate and President. Further, taxes "originate" in the house and be passed by both the House and Senate before it can become law (Article 1, Section 7, Clause 2; Constitution of the United States).

LEAVE A REPLY