Severability Analogy

Posted by Troy on 4th April 2012 in Current Events, Political

I have said that the court should throw out the entire Affordable Healthcare Act if the individual mandate is found unconstitutional.  The reason I say this is that there is no severability clause in the law.  As such, the law must be struck down in its entirety as there is no way to say that individual sections would have passed on their own merit when Congress originally voted on Obamacare.  Here is an example:

Boy A wishes to trade his Tim Tebow trading card for Boy B’s Hank Aaron card and $5.  Boy A hands Boy B the trading card, and Boy B gives him $5.  Boy B explains that the Hank Aaron card belongs to his dad, and his father said that he had no authority to trade it.  Since half of Boy B’s obligation has been overruled, must Boy A bear the cost and accept $5 for the Tim Tebow card?  Of course not!

However, in addition to the first deal, the boys came to another agreement to trade a Hot Wheels Lamborghini for a Matchbox Hummer.  Even though the first deal got struck down, the second deal should still stand because these deals were separate.  The first deal has nothing to do with the second deal.

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