Kliff goes on to point out that “the tax subsidies to purchase health insurance, for example, are considered mandatory funds. ‘Therefore, the funds for such credits would continue to be available via permanent appropriation during a government shutdown,’ CRS concludes.”
But that is utter nonsense because there is no such thing under the Constitution as “mandatory funds.” Much as Obamacare’s defenders want everybody to believe there is such a thing as mandatory spending under entitlement programs, the truth is that what Congress appropriates, it can just as easily un-appropriate.
All that is required is insertion of these words: “Notwithstanding any other law or regulation, no funds hereby authorized shall be expended for ……”
There is no doubt question that Congress has the power to defund Obamacare or any other program it has previously approved because Congress alone under the Constitution has the authority to tax and spend.