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.