Another Example of Obama’s Lawlessness

Treasury throws unauthorized $3 billion to insurers under Obamacare, won’t say why

From: Hot Air, By Noah Rothman, On: February 26, 2015, read it HERE.


obama-tearing-constitution-600x397It’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.

Garnet92: Not only does the Obama Treasury Department spend $3 Billion dollars that wasn’t authorized by Congress, but they refuse to explain why they did it and identify the source of the funds! And they refuse to respond to Congress’ questions! Everyone in the Obama administration is OUT OF CONTROL.

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. “But the Department of Health and Human Services, with the cooperation of the U.S. Treasury, made them anyway,” Klein reported.

In a Feb. 3 letter to Treasury Secretary Jack Lew, Ryan, along with House Energy and Commerce Committee Chair Rep. Fred Upton, R-Mich., asked for “a full explanation for, and all documents relating to” the administration’s decision to make the cost-sharing payments without congressional authorization.

In response, on Wednesday, the Treasury Department sent a letter to Ryan largely describing the program, without offering a detailed explanation of the decision to make the payments. The letter revealed that $2.997 billion in such payments had been made in 2014, but didn’t elaborate on where the money came from. Over the next decade, cost-sharing payments to insurers are projected by the Congressional Budget Office to cost taxpayers nearly $150 billion.

Click through to Klein’s report and read the whole thing. This pattern of behavior from administration officials is staggering in its lawlessness and sets a dangerous precedent.

“A second grader knows that only Congress can appropriate funds. And even though CMS apparently agrees with that, the managers at HHS don’t,” The American Thinker’s Rick Moran opined. “Unfortunately, unless both the House and Senate order the insurance companies to return the funds – and President Obama signs the bill – HHS is going to get away with this.”

Apparently, this cost-sharing scheme is one of the issues that is raised in the House GOP’s lawsuit against the White House over the myriad ways in which the administration has bent the law in order, they claim, to enforce it. But the outrage over this incident, or even reportage on it, is limited exclusively to Republican outlets.

One of the better arguments for repeal of the Affordable Care Act is the fact that this law has inured the public to anarchy. 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.

What have we gotten ourselves into?


There is an aspect of Obama’s lawlessness that his supporters completely ignore, and that is that they would be screaming bloody murder if this were President George Bush, or President Scott Walker, or President Ted Cruz doing these same things.

They won’t admit it to you or me, but they should be willing to admit it to themselves that Obama’s actions that ignore the law are ones that they would condemn if executed by a Republican President.

They must recognize that Obama is establishing precedent for this kind of unlawful and unconstitutional activity. He is “greasing the skids” and making it easier for a Republican President to ignore the law – will it be ok then?

Obama is circumventing Congress (a co-equal branch of government). Obama took an oath to “faithfully execute” the law. He does NOT have the authority to create the law. But Obama does just the opposite, he creates “law” without Congress and he ignores laws already on the books.

His has been the most secretive administration ever, in complete contradiction of his campaign promise to be the most transparent ever. He makes a mockery of his promise by ignoring FOIA requests, and prohibiting various department operatives from testifying before Congress. We still don’t even know what he was doing during the Benghazi attack – that’s transparent?

By continuing to approve of Obama’s rogue actions, you are, in effect, voting to allow our next Republican President, like Ted Cruz or Scott Walker, to do the same thing – after all, they’ll just be following Obama’s precedent.

Are you prepared for that? Speak out now or keep your mouth shut when President Carson or President Perry creates a “law” that you don’t like.


Tagged . Bookmark the permalink.

9 Responses to Another Example of Obama’s Lawlessness

  1. Uriel says:

    I couldn’t agree more Garnet. Those who ignore the obvious and refuse to take action to remove the threat are as guilty as the perpetrator in the eyes of the law. We have all said ad nauseum that impeachment and trial must be done for a long time, now our “conspiracy rants” are coming to fruition and the entire country forever will be lost if action is not taken NOW! Obama is setting himself up as a caliphate with our country being a Islamic kingdom. If liberals and all other non-conservatives want to live that way fine buy an island in the Mediterranean and join your brothers DO NOT stay here!

    • Garnet92 says:

      You know, if we only had Obama or the RINOs to worry about, it wouldn’t be so bad, but having to contend with BOTH at once is taxing the country’s ability to survive. I hope we can hold out for two more years to rid ourselves of Obama and maybe rid ourselves of McCain and Murkowski to boot.

  2. Hardnox says:

    Your commentary is spot on Garnet. I couldn’t agree more.

  3. Kathy says:

    Good piece, Garnet. The difference is that when President Perry, Walker, whoever comes along, they will play by the rules because they believe in abiding by the Constitution.

    They’re not saints by any means, but they’re at least Americans. That’s assuming we get to have another election.

    • Garnet92 says:

      Yeah, unfortunately you’re right Kathy. But one thing we could do is to strengthen some of the laws/rules against things like Obama’s “discretionary” activities. Things could be tightened up to downright prohibit some of the things that Obama has done.

  4. captbogus2 says:

    I am still wondering just what the left has dug up on the GOP leaders and is holding over their heads. This shit has just gone on too long and every day becomes more obvious and all the GOP leadership can do is make weak excuses for not aggressively combating it.
    Perhaps it is time one conservative group or another do its own research into the background of the spineless ones to see if they can make public those evidently terrible misdeeds with which these pathetic politicians are being blackmailed..

  5. CW says:

    Democrats aren’t worried about Cruz or Walker acting lawlessly the way Obama does. Republicans have consciences, and the democrats know it.

    In the end there will be only one way (outside of violence) to solve this and that is to hold everyone responsible if and when republicans have the power to do so. This is the time to be taking names and sound the warning that we will not forget about those who abetted this lawless administration.