Why defund Obamacare?
Obamacare (Affordable Care Act) is cloaked in misinformation. The Constitution necessarily is the starting point to determine what government has been delegated the authority to do. If the authority isn’t listed, it doesn’t exist (10th Amendment). Only the House of Representatives can initiate and authorize government spending. The Senate and the president can quash (but not originate) spending bills. The House can defund ObamaCare. Why do it?
The foundation of the ACA is the Individual Mandate. Government claimed it can force citizens to buy health insurance, based on an erroneous interpretation of “The Commerce Clause.” Article I, Section 8, Paragraph 3 of the COTUS: [Congress shall have the power] “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Since 1938, government has claimed the authority to demand Commerce because “non-commerce affects Commerce.” (Typical, eh?)
The Supreme Court, in its review of the ACA, found that this clause applies only to Commerce that exists: that government has no authority to demand Commerce where none exists. Therefore, the Individual Mandate on which the ACA is based is unconstitutional.
The government also claimed that it could impose the ACA because of the “Necessary and Proper Clause (Article I, Section 8, Paragraph 18)”: [Congress shall have the power] “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers …”
Roberts ruled that because the Individual Mandate is unconstitutional, there can be no “necessary and proper power” to implement it.
In violation of principles as old as the Supreme Court (Congressional Intent), the court ignored the emphatically-stated principle of the Congress that the penalty for not buying insurance mandated by the ACA was not a tax, in fact ruling that it was a tax, and that Congress (16th Amendment) can tax citizens however it chooses.
The only part of the ACA found to be Constitutional is the tax that government can impose for not having a product (insurance) they have no authority to mandate. That is purely irrational, and that is why the House is right in defunding the ACA.
Frank D. Banta