More Constitutional Violations

The Muckster has found more violations to our Constitution. Who knew? I thought we are supposed to be a country of laws. Yeah, right. Laws to govern “We the People” but laws ignored by the lawmakers. Ironic, the way that works, isn’t it?

In my last article, "Violating Our Constitution", I wrote about the Democrats lawsuits against President Trump. Now we find old friend, Mister Despicable, has admitted that Obama Health Payments have violated our Constitution. The Senate minority leader obliquely admitted the Obama administration violated federal criminal statutes, and our Constitution, by spending funds without an appropriation.

Mr. Despicable made a stunning admission that the Shady Stream Media (SSM) cowardly ignored. Replying to comments made by Kentucky Republican Senate Majority Leader Mitch McConnell concerning a potential bailout of Obamacare insurers, Senator Chuck Schumer stated:


Democrats are eager to work with Republicans to stabilize the markets and improve [Obamacare]. At the top of the list should be ensuring cost-sharing payments are permanent, which will protect health care for millions.


Correct me if I’m wrong, but the Democrats screwed up the Affordable Care Act, and now they have the desire and know-how to repair an unfixable nightmare.

Mister Despicable Strikes Out Again


The D-Man’s statement is in direct conflict with the Obama administration, which argued in federal court that the cost-sharing reductions are permanent. This is an absolute admission the Obama administration violated federal criminal statutes and the Constitution by spending funds without an appropriation. A clear no-no that we learned in civics class.

Section 1302 of Obamacare requires health insurers to reduce cost-sharing (i.e., deductibles, co-payments, etc.) for certain low-income enrollees who buy silver plans on health insurance exchanges. The law directs the secretary of Health and Human Services (HHS) to create a program to reimburse insurers for the cost of providing these cost-sharing discounts. The law does not actually disburse funds to HHS, or any other cabinet department, to make reimbursement payments to insurers.

The Obama administration, never one to be duty-bound to the rule of law began making the payments to insurers by claiming the “text and structure” of Obamacare allowed them to do so. The House of Representatives sued, claiming a violation of its constitutional “power of the purse,” and in May 2016, Judge Rosemary Collyer agreed, ruling that the administration violated the Constitution.


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Schumer Admits Constitutional Violation


The Despicable One stood out as the Obama administration, and House Minority Leader Nancy Pelosi, both claimed, in court and everywhere else that Obamacare had a permanent appropriation for the cost-sharing payments. A federal district court judge ruled “no-no” Nancy.

New York’s denizen of deep deception raised some curious questions when he conceded Obamacare lacks a permanent appropriation for cost-sharing reductions. The Obama administration requested an explicit appropriation for the cost-sharing reduction payments that Congress promptly denied.

The Obama Administration Spent Money without an Appropriation


Since Schumer admitted there is no permanent appropriation for cost-sharing payments in Obamacare then the Obama Administration spending taxpayer money without an appropriation not only violates Article I, Section 9, Clause 7 of the Constitution:


No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.


It also violates the federal Anti-Deficiency Act, which prohibits federal employees from authorizing expenses more than available appropriations which, according to his logic, do not exist for the Obamacare cost-sharing reductions. The Anti-Deficiency Act includes not just civil, but criminal, penalties:


An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating [the Act] shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.


By calling on Congress to “ensure” permanent cost-sharing reductions, Schumer has admitted that President Obama violated the Constitution. Likewise, members of his administration have violated federal criminal statutes by spending money without an appropriation.

When will Schumer endorse a special counsel to investigate these matters?


The Obama administration and his GOATs have endorsed a strategy of ends justify the means. They want to control the health insurance market; thus, it is appropriate to violate the Constitution. Since a federal court has ruled that President Obama did in fact violate the Constitution, Pelosi and Schumer want to change the law to legitimize the Obama administration’s law-breaking. Conservatives interested in the rule of law should focus on:


Did the administration violate the Constitution and federal criminal statutes, and who should be held responsible?


When, and if, these violations have been examined and decided, Congress must debate whether to appropriate funds for the cost-sharing reductions. If Congress does not, it would undermine the Constitution that the members of Congress swore to uphold.

Who Will Win this Battle?


No president has violated our Constitution as many times as the Obama Administration has. Watch for Part 3 of “More and More Violations of Our Constitution” and why “We the People” must insist that our sacred rule of law never be violated by corrupt politicians again.


The Muckster will continue to keep an eye open and an ear to the ground to keep the readers informed; and to point out the hypocrisy of the Sycophant SSM (Shady Steam Media) and their “regressive” masters. I am here to lead you out of the smarmy past and into a bright future with 20/20: A Clear Vision for Our future. You are my inspiration. Be a part of the narrative. Read Part 3, "More and More Violations of Our Constitution" coming soon.


Read more of my “casually sarcastic” articles to discover that I am an equal opportunity critic of all types of anarchy and nonsense. Check out the blog.

Spiritus meus es tu. Ego semper fidelis.


God Bless us and God Save our Constitution from these corrupt politicians. Our Constitution, our Bill of Rights, our American Flag, our culture, our country, our civilization, our currency, our children, our liberty, our safety and our future need you now more than ever.


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