The public increasingly believes, and a plurality of Democrats are apparently convinced, that laws passed by Congress should be malleable enough so that the executive branch is not burdened by the dictates of the co-equal and representative legislative branch

It’s right there in the Constitution: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.”

Which is why this latest episode of lawlessness from the administration so particularly galling. “The U.S. Treasury Department has rebuffed a request by House Ways and Means Chairman Rep. Paul Ryan, R- Wis., to explain $3 billion in payments that were made to health insurers even though Congress never authorized the spending through annual appropriations,” The Washington Examiner’s Philp Klein reported on Thursday.

That’s right. The payments insurers receive, dubbed “cost –sharing subsidies,” are designed to offset the costs incurred when they pick up the out-of-pocket expenses for low-income individuals covered by Affordable Care Act plans. If insurers had to cover these costs themselves, Obamacare would be infeasible. So, the federal government picks up the tab for the newly insured as they go about receiving “free” health care.

There’s just one tiny, unconstitutional problem: Congress never authorized the distribution of those funds. “[B]ut the Department of Health and Human Services, with the cooperation of the U.S. Treasury, made them anyway,” Klein reported.

Continue reading →