By Bryan Fischer
Follow me on Twitter: @BryanJFischer, on Facebook at “Focal Point”
Senators Mike Lee and Ted Cruz have created a
petition which ordinary Americans like you and me can sign to insist
that our elected representatives defund ObamaCare. As of the writing of this
column, 198,859 fellow citizens have signed the “Don’t Fund It” petition. You
can be number 198,860. And you can find out whether your senators intend to
fund or defund ObamaCare, with a phone number to call so they can hear from
their constituents. That would be you.
Don’t let anybody lie to you: defunding ObamaCare can be
The Congressional Research Service produced an 11 page
analysis, which a number of ruling class Republicans are citing as evidence
that defunding ObamaCare cannot be done. A close read, however, makes it clear
that the opposite is true.
Since, thanks to Harry Reid, there has been no federal
budget since the inauguration of President Obama, the government has for four
years been operated according to a Continuing Resolution (CR). The CR must be
renewed by October 1, or the government will be slowed down.
(Not shut down, by the way. Don’t let anybody lie to you
about that either. About 65% of government expenditures will continue to roll
right along on auto-pilot, so you and the Republican elites need not fret.)
But there are certain discretionary items - such as funding
for ObamaCare implementation - which must be authorized or money cannot legally
The CRS makes it clear that Obama is asking for close to
$1.5 billion in new appropriations, to establish the federally facilitated
exchanges, to build out the information technology (the privacy-shredding
Federal Data Hub), and to “conduct consumer outreach and education,” which
means funneling taxpayer money to Planned Parenthood and the SEIU to register
Democratic voters while handing out government goodies.
Here’s the point: if this money is not appropriated in the
upcoming CR, it cannot constitutionally be spent.
ObamaCare will not be repealed, but it cannot be
implemented. The exchanges won’t be built, the information technology platform
will not be built, and the 43% of uninsured Americans who do not even know that
ObamaCare is the law of the land will remain blissfully ignorant. No exchanges,
no data hub, no consumer education, no ObamaCare.
Of course, we are told that Barack the Lawless will just
find a way around the Constitution, and he will certainly try, as his wont. But
Article I, Section 9 says quite plainly, “No Money shall be drawn from the
Treasury, but in Consequence of Appropriations made by Law.” What about the
phrase “No Money” do people not understand? No continuing resolution, no money.
No money, no ObamaCare.
The CRS is also clear that the only allowable exceptions are
when circumstances are such that there is a “reasonable” threat to “the safety
of human life or the protection of property.” Neither of these emergency
threats - to human life or property - will exist if ObamaCare is not
implemented. They do not exist now, and they will not exist then. Life will simply
continue on as before.
In fact, if anything, it is the implementation of ObamaCare
that threatens life (through death panels) and property (through onerous
ObamaCare taxes and penalties).
This is not difficult to understand. Obama wants an
additional $1.5 billion to build out the infrastructure for what I call
ChernobylCare, since it will melt down our entire health system. He can’t
constitutionally get his $1.5 billion unless the CR includes it. He can’t
legally go around it, since there is no emergency threat to human life or
And speaking of the mythical “shutdown” of the federal
government, Cruz and Lee propose a CR which will fund every aspect of the
federal government except ObamaCare. Which means if the government is shut
down, Obama will be the one doing it, to protect his horrid and increasingly
unpopular version of socialist health care.
Bottom line: ObamaCare can in fact be defunded. Where there
is a will there is a way. So the question is this: do Republican senators have
the will? If they don’t hear from us, by the hundreds of thousands, we know
what the answer to that question will be.
noted, the opinions expressed are the author’s and do not necessarily
reflect the views of the American Family
Association or American Family Radio.)