Thursday, October 3, 2013

'Obamacare funding authority belongs to the U.S. House, not the U.S. Senate, the House is doing this all wrong.' We gave the House the majority in Nov. 2010 so they could defund ObamaCare, but Boehner refused to allow a stand alone defunding measure to come to the floor. Senate or Pres. can't veto. John Boehner should resign.

.
GOP 'leadership' loves ObamaCare and has never intended to defund or repeal it. This article makes crystal clear that the GOP House has scrupulously avoided its clear legal right to defund which cannot be overridden by the Senate or even the President. The article doesn't suggest Boehner should resign but that's what should happen:

10/2/13, "Obamacare can be defunded without Senate approval," Examiner, 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."..

[Ed. note: As mentioned in the headline, Boehner has never allowed a separate ObamaCare defunding measure to come to the floor. He doesn't want it defunded.]

(continuing): "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. If that is the case, then the Senate and the President has no constitutional authority to override the House's decision." via Free Republic

===========================

*** Re: ObamaCare is considered the "law of the land" by Democrats--including John Boehner who declared "ObamaCare to be the law of the land" due to Obama's re-election. Boehner is a democrat and the US has only one political party:

11/8/12, "House Speaker John Boehner made it official Thursday: Obamacare isn’t going anywhere. In an interview with ABC News, Boehner seemed to suggest the election ended any efforts to wipe out the whole law. When “World News” anchor Diane Sawyer asked if there would be any more votes to repeal the law, Boehner said “the election changes that” and “Obamacare is the law of the land.”"

11/8/12, "John Boehner: ‘Obamacare is the law of the land’," Politico, David Nather

Obama saved Boehner from the Tea Party in 2012 so Boehner owes him big time. Boehner lied and hurt the country. As the article above describes, the House has the power to defund ObamaCare without approval of the Senate or Pres. Boehner for over two years has refused to allow a stand alone defunding measure to come to the floor. He loves ObamaCare:
========

Added: To protect ObamaCare from being defunded, House GOP 'leadership' stuck the defunding bill in a GOP controlled committee and wouldn't let it out. The only reason we gave them the majority in Nov. 2010 was so they could defund ObamaCare. And they laughed in our face:

9/29/11, "Draft spending bill would defund Obama healthcare law," The Hill, Sam Baker

"House Republicans released a draft spending bill Thursday that would cut off funding for many parts of the healthcare reform law, though the bill remains deadlocked in the Appropriations Committee."...


=======================

Obama helped the GOP beat the Tea Party in 2012 in part by allowing the IRS to be used against them.
Obama re-election helped GOP House Speaker Boehner: NPR


12/8/12, "Once Boxed-In, Boehner May Finally Be Master Of The House," NPR
,
Frank James


"In a paradoxical way, Obama's re-election victory coupled with congressional Democrats adding to their numbers may have helped Boehner. Some of those wins came at the expense of the Tea Party, the conservative movement whose affiliated House members have been very willing to stand up to Boehner. In recent weeks, Boehner...has gotten his entire leadership team to sign his tax-raising, fiscal-cliff counteroffer....Despite complaints from conservative activists and bloggers, however, Boehner remains the most powerful Republican in Washington."
 

 


.

No comments: