It Can Be Done…Was This Roberts Intent?

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Obamacare can be defunded without Senate approval

 from the Examiner.com by Christopher Collins

October 2, 2013

 

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.

White House Warns ObamaCare Will Put Americans’ Personal Info at Risk

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In an ironic twist, the White House is now joining health systems experts in warning that Americans who enroll in the ObamaCare insurance exchanges should expect that their personal, financial, and health information will be at risk and they could face fraud, identity theft, and even “cybersecurity threats.”

Paul Bedard at the Washington Examiner reports that with less than two weeks until the opening of the ObamaCare exchanges on October 1st, the White House is admitting the security threat is so serious that the Obama administration met late Wednesday to launch a new anti-fraud bureaucracy that will be charged with handling consumer complaints and educating Americans about the possible ObamaCare fraud and scams.

 

“Today we are sending a clear message that we will not tolerate anyone seeking to defraud consumers in the Health Insurance Marketplace,” Health and Human Services Secretary Kathleen Sebelius said after the meeting. “We have strong security safeguards in the marketplace to protect people’s personal information against fraud and we will work with our partners to aggressively prosecute bad actors, just as we have been doing in Medicare, Medicaid, and the Children’s Health Insurance Program.”

 

Bedard writes about the White House’s sudden mention of the likelihood of Americans being at risk:

 

To show just how bad the administration expects the situation to be, consider what’s being put in place to fight Obamacare fraud: a call center will have trained staff to take consumer complaints; the Obamacare website will connect consumers with the FTC’s complaint center; a “rapid response mechanism” will be established to sniff out privacy and cybersecurity threats; and a new public education campaign will be established to help consumers avoid scams.

 

CMS, the HHS agency that runs ObamaCare, also produced a new publication entitled “Protect Yourself From Fraud In The Health Insurance Marketplace.” This resource informs Americans that when they sign up for health insurance in the new exchanges, or “marketplace,” they will need some tips “to protect yourself while getting you the coverage you need.”

CMS goes on to warn Americans that the new “Navigators,” “Assisters,” and “Certified Application Counselors” are there to help but that they should not be asking for your personal information, except your Social Security number, if they help you to enroll

White House Warns ObamaCare Will Put Americans’ Personal Info at Risk.

Obamacare poll shock: 77 per cent want the individual mandate repealed or delayed, as the House passes a bill to block IRS enforcement

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A healthcare media company sponsored a scientific poll of more than 2,000 registered voters, and found a stunning 77 per cent want to see Obamacare’s individual health insurance mandate delayed or scrapped entirely. That includes 49 per cent who want the mandate killed.

Just 11 per cent agreed with the Obama administration’s contention that fully implementing the president’s signature health care law will lower their ‘ total health care costs, such as appointment co-payments, monthly premiums, deductibles and drug co-payments.’

The Morning Consult commissioned the online poll from Survey Sampling International, Inc. Its margin of error is 2 percentage points.

The shocking level of public discontent comes along with news that members of Congress and their staffs have struck a deal with the White House to subsidize their enrollment in health care exchanges with taxpayer dollars.

And the House of Representatives passed a bill Friday that would deny the IRS any funding to operate or enforce the health care law.

Anti-Obamacare protesters may have the pulse of America after all, judging from the latest polling data to emerge about the Affordable Care Act

Anti-Obamacare protesters may have the pulse of America after all, judging from the latest polling data to emerge about the Affordable Care Act

Obamacare poll shock: 77 per cent want the individual mandate repealed or delayed, as the House passes a bill to block IRS enforcement | Mail Online.

Feds are building a detective squad to target consumers and companies that don’t follow Obamacare

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Just one more reason to DEFUND Obamacare:

 

More than 1,600 new employees hired by the U.S. Department of Health and Human Resources in the aftermath of Obamacare’s passage include just two described as ‘consumer safety’ officers, but 86 tasked with ‘criminal investigating’ – indicating that the agency is building an army of detectives to sleuth out violations of a law that many in Congress who supported it still find confusing.

On the day President Obama signed the Affordable Care Act into law in 2010, HHS received authority from the Office of Personnel Management (OPM) to make as many as 1,814 new hires under an emergency ‘Direct Hiring Authority’ order.

The Obama administration ordered that employment expansion despite a government-wide hiring freeze.

 

A total of 1,684 of those positions were filled. An analysis by MailOnline shows that at 2010 federal government salary rates, the new employees’ salaries alone cost the U.S. at least $138.8 million every year.

Had the agency filled all its available jobs, that cost would have been a minimum of $159 million.

The hiring began in May 2010 and continued through June 2013, making the later hires eligible for higher salaries as a result of annual cost-of-living increases.

The difference between what HHS spent on new Obamacare-related employees and what it was authorized to spend is explained by its failure to hire most of the 261 ‘consumer safety officers’ it was authorized to bring aboard. Only two such employees were hired.

But while OPM authorized HHS Deputy Assistant Secretary for Human Resources Denise Carter — later renamed Denise Wells — to hire 50 criminal investigators, the agency increased that numberto 86 on its own.

After MailOnline lodged a Freedom Of Information Request with HHS, the agency sent aspreadsheet containing records of the positions it filled, along with the salary level for each one on the government’s ‘GS’ hiring scale.

On the day President Obama signed the Affordable Care Act into law in 2010, HHS received authority to make 1,814 new hires. Obama is pictured here on August 15

On the day President Obama signed the Affordable Care Act into law in 2010, HHS received authority to make 1,814 new hires. Obama is pictured here on August 15

 

The lowest salary on the list was for a single contracting officer at Grade 7, Step 1, an annual rate of about $42,350, including a so-called ‘differential’ payments. Those increases are given to all federal employees in order to adjust for regional cost-of-living differences.

The highest salary in 2010 dollars, including that differential payment, was about $161,450, earned by a total of 29 new employee. They include health insurance administrators, contracting officers and information technology managers.

The fleet of 86 new criminal investigators are earning a range of compensation between $51,800 and $89,350, according to the 2010 salary tables and differential payment guidelines.

Judicial Watch, a nonprofit that has told MailOnline it files ‘hundreds’ of FOIA requests, first published evidence in July of the HHS hiring binge.

‘Sounds like we now have the Obamacare police,’ said the group’s president, Tom Fitton, after MailOnline showed him the new data.

‘Given the confusion and problems of the law’s implementation, we would need a small army to police all the waste, fraud, and abuse that is already evident.’

Heritage Action for America, a conservative lobby group that opposes implementation of the Affordable Care Act, told MailOnline that it sees the hiring of criminal investigators inside HHS as a sign that its position is more and more defensible.

‘The Obama administration continues to assert near unilateral power when it comes to Obamacare,’ said Dan Holler, the group’s communications director.

‘This blatant disregard for the rule of law raises serious questions as to how these new criminal investigators will behave, what guidelines they will follow and who will provide much-needed oversight.’

Heritage Action is circulating a letter this week, penned by freshman GOP Rep. Mark Meadows, calling on 100 House Republicans to ‘take the steps necessary to defund Obamacare in its entirety, including on a year-end funding bill like a continuing resolution.’

The Department of Health and Human Services didn’t immediately respond to a request for comment, but it responded to MailOnline’s FOIA request within the number of days the statute permits.

Feds are building a detective squad to target consumers and companies that don’t follow Obamacare | Mail Online.

Obama enters Hill health care dispute

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From Politico.com

President Barack Obama privately told Democratic senators Wednesday he is now personally involved in resolving a heated dispute over how Obamacare treats Capitol Hill aides and lawmakers, according to senators in the meeting.

The president’s commitment was delivered at the beginning of Obama’s remarks to Senate Democrats during a closed-door session

At issue is whether Obama’s health care law allows the federal government to continue to pay part of the health insurance premiums for members of Congress and thousands of Hill aides when they are nudged onto health exchanges.

Currently, the government pays nearly 75 percent of these premiums. The government’s contributions are in jeopardy due to a controversial Republican amendment to the Affordable Care Act, which says that by 2014, lawmakers and their staff must be covered by plans “created” by the law or “offered through an exchange.”

The Office of Personnel Management hasn’t said if the Federal Employee Health Benefits program can contribute premium payments toward health plans on the exchange. If the payments stop, it could cost Hill staffers thousands of extra dollars each year.

The uncertainty is leading to dozens of lawmakers and aides considering leaving Capitol Hill.

It is extraordinarily rare, to say the least, for the president of the United States to get involved in an inside-the-Beltway flap over the payment of health care premiums.

Read more:

Obama enters Hill health care dispute – John Bresnahan and Jake Sherman – POLITICO.com.

Ga. Insurance Commissioner: Obamacare to Force ‘Massive Rate Increases Up to 198 percent’

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ChernobylCare meltdown continues: GA insurance commissioner: will raise insurance rates up to 198%.

In a press release today, Georgia insurance commissioner Ralph T. Hudgens warns that, because of Obamacare, “Georgia insurance companies are demanding massive rate increases up to 198 percent for some individuals.” Hudgens claims this runs contrary to President Obama’s promise to “Americans that Obamacare would lower rates.”

As a result, Hudgens “announced today that he has requested an emergency delay of the filing deadline for Obamacare rates from U.S. Health and Human Services Secretary Kathleen Sebelius, and for her to show reasons why the rates submitted by Georgia health insurers are not justified by Obamacare,” his state office explains.

The commissioner of insurance office explains:

Companies opting to participate in the Exchange have provided the Department with evidence that their rates are justified and in compliance with Georgia law, citing the new Obamacare mandates as the reason.

In a letter faxed to Sebelius on Monday, Hudgens sought protection for Georgians by requesting an emergency 30 day delay of submission of his rate review to allow Department staff additional time to analyze the increases.

Hudgens adds, “I was always skeptical of Obamacare. … But I never imagined that it would lead to rates being doubled or tripled. … Increases of this magnitude will make coverage less affordable and increase the number of uninsured in Georgia.”

Ga. Insurance Commissioner: Obamacare to Force ‘Massive Rate Increases Up to 198 percent’ | The Weekly Standard.

Government shutdown looms over ObamaCare

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ObamaCare is at the center of a rapidly escalating fight that threatens to shut the government down this fall. [WATCH VIDEO]

Senate Republicans, including two members of the leadership, are coalescing around a proposal to block any government funding resolution that includes money for the implementation of the 2010 Affordable Care Act.

But such a move is a nonstarter for President Obama and congressional Democrats. Republicans have tried this maneuver in Obama’s first term, only to back off later to the chagrin of Tea Party leaders.

 

This time, GOP lawmakers are emboldened by problems plaguing the administration’s ObamaCare implementation. But that zeal could put Speaker John Boehner (R-Ohio) and Minority Leader Mitch McConnell (R-Ky.) in a tough spot. Both leaders have downplayed previous talk of shuttering the government.

In the House, 64 Republicans have signed onto a letter pressing Boehner not to bring any legislation funding ObamaCare to the floor.

Sen. Mike Lee (R-Utah), the leader of the Senate effort, predicts the vast majority of the Senate Republican Conference will back his plan, giving him enough votes to sustain a filibuster of a stopgap spending measure.

Read more:

Government shutdown looms over ObamaCare – The Hill – covering Congress, Politics, Political Campaigns and Capitol Hill | TheHill.com.

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