Posts Tagged ‘severability’

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.

Obamacare – Day 3

Posted by Troy on 28th March 2012 in Current Events, Political

Today was the last hearing on Obamacare before the Supreme Court.  Today’s topic was the severability.  If the individual mandate is shot down, can Obamacare survive without the individual mandate?

You may remember that, when it was passed, it was pointed out that it did not have a severability clause.  Many on Obama’s staff urged him to include a severability clause.  However, at the time, he declined to do so.  At the time, he said that the bill could not stand without the individual mandate as it was the funding mechanism.  Of course, now they are saying that it could be severed.

I like it when one justice invoked the Eight Amendment and said there was no way they were going to go through a 2,700 page documents and pick out which pieces could stay and which ones would not.

I will boldly predict that it will be a 5 to 4 vote.  Two of the Liberal judges were appointed by Obama, and one of those worked on the Healthcare Act directly (Kegan).  Gingsburg thinks the US Constitution is outdated.  Basically, the Leftist judges really didn’t care what The individual mandate will be thrown out, and the rest of the bill will be thrown out due to a lack of severability.  All the Democrats that sold their souls to the Party to pass it an and lost their jobs because of it will have destroyed their careers for naught.

Long Live the Constitution!