![]() But in terms of formal executive power, there’s ample precedent for Trump’s actions. Policy-wise, there’s no equivalence between Obama’s attempts to make the Affordable Care Act work as intended and Trump’s explicit attempts to sabotage it. Given the complexity of the regulatory state and the strong tendency of Congress to gridlock, a rigid conception of executive power would probably be worse for democratic accountability and functioning governance. Barack Obama issued numerous executive orders designed to implement the Affordable Care Act, as well as taking aggressive action on issues like immigration and climate change after Congress failed to act. After weeding out the young and healthy, Tennessee’s market offers among the nation’s highest premiums on its health insurance exchange.Īlthough Trump’s order has no justification as public policy, it is probably legal. We know exactly how this will play out because Tennessee has used a loophole to allow barebones insurance to be offered to consumers. Peter Apps: China's 'Big Brother' tech gives surveillance new reach Paul Wallace: How money will divide Europe after Brexit (And, of course, for young people who end up needing expensive medical treatment, what looks like a bargain will turn into a disaster.) A subset of young and healthy people will have lower premiums, but premiums will shoot up for everyone else, as the market of people buying decent insurance becomes older and sicker. This will allow some consumers to purchase cheaper plans that don’t cover very much. First, he issued an order that will weaken the regulations in the ACA requiring private insurance to cover certain essential services. Trump has mounted a two-pronged attack on the ACA following the failure of legislative repeal efforts. The expansion, and sometimes misuse, of executive power is a result produced in large measure by the framers’ choices to dilute accountability and responsibility in the federal government, and their designing a presidential system in which a minority party can regularly win. Yet this is not just a problem with the current president. Particularly since Congress, which is empowered to write American laws, declined to make similar changes to the Obama-era health law when Trump urged legislators to do so, most of the framers of the Constitution would presumably be appalled by these actions. Donald Trump holds up his executive order to undo the Affordable Care Act after signing it at the White House on October 12, 2017. ![]()
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