- Oct 11, 2007
- 69,708
- 35,394
First, the bill did NOT include defunding Obamacare, that was added in an ammendment. The House rejected the ammendment, which of course is their right. The Republicans the made a rule change so that only the majority leader could propose a vote without the ammendment when normally any member could.https://scontent-a-iad.xx.fbcdn.net/hphotos-prn1/994953_655176557836718_1364223825_n.jpg
Best explanation I have seen thus far.
The GOP passed a budget that did not include Obamacare because they want it revised or or eliminated. This is a power the House has always had in our Republic, and every prior Senate and President negotiated to allow the government to reopen.
That is until this wannabe dictator and his ass-kissing Majority Leader in the Senate came along and refused to negotiate at all.
Then Herr Obama punitively shut down every office he could that he thought would hurt the American public, using us as hostages for his political leverage.
Obama is a disgrace to our country and the Presidency.
Second, Sowell made the false claim that all spending bills must originate in House. That's simply not true and if you actually read the constitution, Article 1, section 7, you would have known that.
Sowell has also quipped that the fact that he has never murdered an editor is proof that the death penalty is effective. In the article, he indeed did appear to say that spending bills must originate in the House. He is enough of a constitutionalist, however, that I rather believe that him saying this without any qualification was an inadvertent slip, or an editor edited out the qualification.
There has been controversy on Constitutional intent about that:
A. In my opinion, the Constitution is unambiguous on the point: "All bills for raising Revenue shall originate in the House of Representatives" (Article 1, Section 7). Thus, I've listed the House's "original jurisdiction" over revenue bills (laws that affect taxes) as a check. The House, however, views this clause a little differently, taking it to mean not only taxation bills but also spending bills.
The plain language of the clause would seem to contradict the House's opinion, but the House relies on historical precedent and contemporaneous writings to support its position. In Federalist 66, for example, Alexander Hamilton writes, "The exclusive privilege of originating money bills will belong to the House of Representatives." This phrase could easily be construed to include taxing and spending.
The Supreme Court has ruled, however, that the Senate can initiate bills that create revenue, if the revenue is incidental and not directly a tax. Most recently, in US v Munoz-Flores (495 US 385 [1990]), the Court said, "Because the bill at issue here was not one for raising revenue, it could not have been passed in violation of the Origination Clause." The case cites Twin City v Nebeker (176 US 196 [1897]), where the court said that "revenue bills are those that levy taxes, in the strict sense of the word."
However, the House, it is explained, will return a spending bill originated in the Senate with a note reminding the Senate of the House's prerogative on these matters. The color of the paper allows this to be called "blue-slipping." Because the House sees this as a matter of some pride, the Senate is almost guaranteed not to have concurrence on any spending bill which originates in the Senate. This has created a de facto standard, despite my own contention (and that of the Senate) that it is not supported by the Constitution.
Constitutional FAQ Answer #125 - The U.S. Constitution Online - USConstitution.net
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