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. . . What Trump has actually done is end the illegal payoffs without which insurance companies have no rational choice but to jack up premiums or flee the Obamacare exchanges. The culprits here are the charlatans who gave us Obamacare. To portray Trump as the bad guy is not merely fake news. It’s an out-and-out lie.
Which is to say: It’s about as honest as the Democrats’ labeling of Obamacare as the Affordable Care Act.
The subsidy payments to insurance companies may be “critical” to sustaining the ACA, but they are not provided for in the ACA. The Obamacare law did not appropriate them. No legislation appropriates them. They are and have always been illegal. In essence, we are back to the question we asked a couple of weeks ago in connection with Trump’s then-anticipated decertification of Obama’s Iran Nuclear Deal: It is not whether the president should take this action; it is why he failed to take it before now.
Under the Constitution, no funds may be paid out of the treasury unless they have been appropriated by Congress. It is not enough for lawmakers to authorize a government program or action. The House and Senate must follow through with a statute that directs payment for the program or action. Standing alone, authorization is just aspiration; it does not imply appropriation. Congress authorizes a lot of things, but only the things for which Congress approves the disbursal of public money are permitted to happen.
It is amazing how loud Congress squeals when they are forced to actually do their job.