“There is currently no appropriation to Treasury or to anyone else, for purposes of the cost-sharing payments to be made.”
Allow me translate: Congress never authorized the administration to spend taxpayer money to fund this part of Obamacare.
That quote comes from a 2012 Treasury Department memo regarding Obamacare’s cost-sharing reduction program. The memo explains in clear terms that the administration knew that this part of the law was never funded by Congress. And since the Constitution requires all spending to originate in Congress, these payments are unconstitutional.
Of course, once the Treasury officials realized this, they immediately shut down the program until Congress appropriated the necessary funds.
No, they instead proceeded to pay out billions of dollars to health insurance without authority. And Treasury officials were not alone in their concerns. Senior leadership at the IRS also questioned whether the program was properly funded. This was no mistake chalked up to bureaucratic ineptitude. It was a deliberate, calculated effort to circumvent the Constitution in order to prop up Obamacare.
This bombshell was revealed last week in a groundbreaking report authored by the Ways and Means and Energy and Commerce committees. This is extremely concerning. As we speak, the House is in the process of suing the administration for a separate part of Obamacare funded without our approval. In May, a federal judge ruled that the administration broke the law by bypassing Congress. This was an historic win for the Constitution.
That’s why a major plank of our #BetterWay agenda is restoring the Constitution. We want to give power back to the American people and their representatives in Congress. Later today, the House will pass Rep. John Ratcliffe’s (R-TX) Separation of Powers Restoration Act (SOPRA) to help dismantle the de facto “fourth branch” of government—unelected, unaccountable government bureaucrats. This is just another step we’re taking to hold this president accountable for his executive overreach.