May 10, 2018

ANALYSIS: TRUE. The Obama Legacy Deserves To Be Destroyed.

David Harsanyi:

The Constitution doesn’t say “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law unless liberals tell us it’s super important.” Yet, shortly after the passage of the Affordable Care Act, the Obama administration realized it would need more subsidies and asked for an appropriation from Congress.

When Congress, then teeming with politicians elected on the promise of overturning Obamacare, refused, Obama Treasury Secretary Jack Lew ordered the administration to begin making “cost-sharing reduction” payments anyway without any public legal justification. Obama created a $7 billion per year appropriation for insurance companies participating in the supposedly self-sufficient and competitive state health-care exchanges. Not a single liberal pundit that I know of concerned himself with this norm-breaking.

One federal court found the Obamacare subsidy unconstitutional, and the case is working towards the Supreme Court. But, then again, no administration in memory was stopped more often by courts, often by unanimous SCOTUS decisions. Whether it was ignoring the Senate in making appointments or claiming to rewrite employment law, Obama tried to function without constitutional restraints.

None of this even breaches the unprecedented regulatory regime Obama built to circumvent the legislative branch. Even The New York Times characterized his governing as “bureaucratic bulldozing, rather than legislative transparency.”

Change it back.

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