Can Appropriations Bills Defund Obamacare? [Yes!]

Heritage Foundation ^ | Aug 14, 2013

[Jim Robinson]

• Some have argued that because much of Obamacare constitutes “mandatory” spending—namely, new entitlements such as the massive Medicaid expansion and exchange insurance subsidies—Congress is powerless to defund the entire law as part of its annual appropriations bills. These claims are false.

• Congress routinely enacts changes to mandatory spending programs as part of its annual appropriations process. The non-partisan Congressional Budget Office (CBO) recognizes these changes when analyzing spending bills and scores them as CHiMPS—changes in mandatory program spending.

• In February 2011, the House of Representatives passed H.R. 1—legislation intended to reduce federal spending by $100 billion, consistent with House Republicans’ “Pledge to America.” CBO found 23 pages’ worth of CHiMPS in the House-passed version of H.R. 1. These reductions in mandatory spending ran the gamut from $26 million in savings over one year, and $74 billion in savings over ten years, achieved by reducing the maximum Pell Grant award (Section 1831), to $30 million in savings achieved by reducing mandatory appropriations to the Consumer Financial Protection Bureau (Section 1517).

• Congress has already defunded mandatory programs within Obamacare—and done so through appropriations measures. Section 1857 of the continuing resolution Congress enacted in April 2011 (P.L. 112-10) “permanently cancelled” $2.2 billion in mandatory funding to Obamacare’s co-op health insurance program.

• Congress has also defunded elements of health care entitlements for decades. Every year since 1976, Congress has enacted the Hyde Amendment, which bans federal funding of abortion. This provision, enacted as part of discretionary appropriations legislation, prohibits abortion coverage in the Medicaid entitlement program.

• Historically, Congress has used the “power of the purse” broadly to make key policy statements through defunding. For instance, in 1982 Congress acted to block the Reagan Administration’s policy for supporting the Contra forces opposing the Nicaraguan government. As part of Public Law 97-377, Congress prohibited both the Department of Defense and the Central Intelligence Agency from furnishing military equipment and support to any group for the purpose of overthrowing the Nicaraguan government. Even though defense spending is not funded through mandatory appropriations, the example demonstrates that defunding has been—and remains—a powerful tool Congress can use to affect public policy.

• Given the examples above, and numerous others, it is beyond dispute that Congress can use its power of the purse to defund Obamacare—both its mandatory and discretionary spending—in appropriations legislation this fall. The lone remaining question is whether Congress can summon the political will to do so.

[itsahoot]

We must unify behind someone who can transcend the mind-blowing challenges America faces including all the little divisive “cells” and beat the libs like Reagan did, and in the name of Constitutional governance.

You put them up and we will vote for them. So far that hasn't happened.

If Texas doesn't do something to stem the influx of illegals, you will turn blue anyway. The fact is, following your logic only slows down the process.

Which GOPe, you know the ones that wield the real power, are fighting to stop the Amnesty bill? Which ones are fighting to actually do something to stop ObamaCare? Which ones are fighting to stop the elimination of Christianity from the Military, the Schools, the public?

We have faithfully voted for every stinker republican they have put forth and the leftward march continues unabated.

Mark Levin's new book brings some interesting tools to the battle, who among the GOPe will even read it?

[Norm Lenhart]

Gov Perry is too busy making sure a fence isn’t built and that kids are forcibly vaccinated for STDs to worry about much else. One might even suggest that his rabid refusal to contribute his powers in office to said fence are an encouragement to those illegals to come here.

But then he pushed for a nice big road for them into the heart of America too so at least he’s consistent.

[Jim Noble]

Congress can only “defund” Obamacare IF the House and Senate both pass a bill doing that, and the President signs it.

The House, alone, can REFUSE to pass any bill appropriating money for Obamacare.

[Jim Noble]

Appropriations Bills CAN Defund Obamacare

Sure they can, if the Senate passes them and the President signs them.

[stephenjohnbanker]

” As I understand it, the Republicans had options at several points to stop OC from being passed. Options they did not utilize.

Why?

It was obvious to me that the leadership wanted it to pass, albeit on party lines, in the belief that the party would benefit at the polls in the next elections.

It was a cold, calculated decision to destroy the lives of millions of people for what they hoped would be political gain. IMO, this makes them as evil as the Dems.

Mitch McConnell is dirty as hell on this point “

Good post!

[itsahoot]

But then he pushed for a nice big road for them into the heart of America too so at least he’s consistent.

Strange how this never even came up as an issue. I brought it up several times and I don't remember even one response. It would have been a disaster, and will likely be brought to life again.

[Norm Lenhart]

If the house authorizes zero spending, where does the money legally come from for dems to spend? The piggy bank has been tapped out for years. All they have to do is say not a cent for anything until Obama complies.

They can constitutionally do that.

[itsahoot]

Mitt Romney was one of the most principled men running and unfortunately you nor I will ever know how he would have governed.

Maybe you should interest yourself with a little history of how he governed in Massachusetts, should make you puke.

[Norm Lenhart]

There were responses. His bootlickers claimed that anyone against the mex highway hated capitalism and American business.

[stephenjohnbanker]

” Principled my Ass!

The Father of RomneyCare, a Socialist Healthcare program principled?

The Father of Gay Marriage in America, Principled?

The supporter of Abortion, Principled?

The supporter of Gays in the Military, the Boy Scouts, and Allowing them to adopt innocent babies, Principled?

The supporter of Global Warming, Principled?

The Governor that wanted to ban Assault Weapons, Principled?

And he did not admit every, that his previous positions and actions were incorrect during this last election, so besided not being principled, he is dishonest.

Principled in comparison to who? Stalin? Nancy Pelosi? Barack Obama?

There is not an ounce of conservative principle, or even Christian principle in that Liberal loser’s soul as HIS OWN HISTORY PROVES! “

We lost the election because 4+ million conservatives and moderates knew that Romney was a total POS!

And if we run another loser who holds conservatism, and christianity in contempt, we will lose again!

Let me toss in something else about Romney. He would have pushed amnesty, because that is sacred to his rich, country club Republicans. He even hired illegals at his home in Belmont, Mass. Amnesty will destroy the USA in just a few years. Romney would be sitith at the right hand of McCain

[Norm Lenhart]

But he’d do it with principle...... I have it on good authority.

/s

[stephenjohnbanker]

” But he’d do it with principle...... I have it on good authority.

/s”

God, that made me want to puke!

[itsahoot]

It was obvious to me that the leadership wanted it to pass,

Only a few of us seem to know that, so you shouldn’t spread the word here.

Alan Simpson, after he retired, revealed exactly how they GOPe felt about the "Blue Hairs" it should have alerted us, but I guess it didn't.

There is no excuse for not enforcing immigration laws, but even Ronald Reagan didn't make that happen, and he had all three branches, nor did anyone ever bring up abortion when he was President and Republicans controlled bot houses.

[itsahoot]

The plan Newt is simple: free market entrepreneurial capitalism. Any questions?

Listened to Rush did you?

[Norm Lenhart]

I have been involved in three barf inducing discussions today/last night. I do not understand why such outright bullsxit is tolerated by the majority of the Dreeping public.

[Norm Lenhart]

Lots of people on the right think if they click their heels and repeat the mantra that the GOP is conservative three times we will go back to a Sane America.

Lots of people are willfully lying to themselves and each other because the truth is to hard to accept.

[itsahoot]

Sure they can, if the Senate passes them and the President signs them.

He will sign or shut the Government down, so let him, who cares? Unless of course he declares himself to be king, which I suppose a few posters here would rejoice.

[stephenjohnbanker]

Neither do I.

[Art in Idaho]

Yes and said Yes!!

[nathanbedford]

You are quite right to correct my sloppy use of language which is both the father and the son of sloppy thinking.

Whether by "defunding" or by "refusal" to appropriate the law would be mortally wounded but there is little chance of either. Nevertheless, conservatives should soldier on and draw the battle lines clear for all to observe. Let the country divide on this issue rather than the mush we will get from Boehner and McConnell.