It may be that in practice it has not resulted in a problem. It certainly is a loophole that evades the congressional power of the purse. Now, if in some way we could look into the future and know it was never going to be an issue, you're right, it would not be an issue. On the other hand, without that kind of prescience, it seems to be the better part of valor to reclaim our power.
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That executive order was based on zero scientific evidence and would require parents to spend more time and more money taking their children to medical appointments to receive vaccine shots.
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