Why the Supreme Court Must Overturn the Entire Healthcare Act

Posted by Troy on 29th March 2012 in Current Events, Political

A lot of people are saying that the Supreme Court is wrong not to read the entire 2,70o page document and salvage what they can of the act.  Justice Ginsburg advocates that the Supreme Court should go through the bill and salvage what they can.  This may sound reasonable, but they must not do this for the same reason why we should not have a line-item veto.

The line-item veto sounded like a wonderful thing.  If a bill had one bad provision, the President could strike out that one line and send it back for approval.  The Supreme Court ruled that this was not Constitutional because it hurt the separation of powers.  In addition, this wrecked the lawmaking process.

Imagine a situation in which the Congress put together a bill.  To get some Representatives on board, they gave them some concessions.  The reluctant Congressman goes along with it due to the concessions.  The President strikes the measure that got the Congressman on board.  In the end, the law gets signed, and the Congressman gets the shaft.

That brings us to Obamacare.  Before it was actually brought before the Supreme Court, Obama said that if the mandate was unconstitutional, the whole thing would have to go.  This is why he did not put a severability clause in there to start with, even though his legal team begged him to do so.  The individual mandate is the funding mechanism.  Without it, the whole thing falls apart.  What would have been a disaster after five to fifteen years becomes a disaster in five to fifteen months.  Without a severability clause, Congress said that the bill is meant to be taking as a whole, and it should.  That bill was the result of months of negotiations, backroom deals, and payoffs.  If the Supreme Court start going through and saying this stays and this goes, then the bill becomes something else entirely.  The bill the Justices create by taking out the individual mandate and other provisions may not have gotten a single vote if such a bill had been presented before Congress.  The Supreme Court are judges, not legislators.  They should not try to write legislation on their own.  The only responsible thing, given the lack of a severability clause, is to kill the entire bill.  If Congress doesn’t like it, they can do one of two things.  They can either go back to the drawing board and try to write a Constitutional health care bill, or they can try to amend the Constitution.  Of course, the Left will never actually try to amend the Constitution.  They are a firm believer that it is easier to ask forgiveness than to ask permission.

Long Live the Constitution!

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