H.R.4872 SEC. 155. SEVERABILITY.

US Congress ^

[mnehring]

SEC. 155. SEVERABILITY.

If any provision of this division, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this division and the application of the provision to any other person or circumstance shall not be affected.

[mnehring]

It seems that Congress was anticipating the lawsuits against HCR.

[SpinnerWebb]

That, in and of itself, is unconstitutional, as the Constitution applies itself equally to every citizen, regardless of provision or circumstance of the individual.

[darkangel82]

It’s going in the trash.

[politicket]

That's a standard contractual clause.

People don't fully understand what just happened to them - and it has very little to do with the health care issue.

Health care is just the "point of a gun" that will be used to extract revenue from the citizenry to be used by our overlords.

Follow the money...

[Para-Ord.45]

PREDICTION:

Like the BCRA ONLY a few section MIGHT be held to be Un-Constitutional,such as fines or forcing individuals to have insurance.

The vast BULK of the Law will NEVER BE REPEALED, period.

[wk4bush2004]

They definitely planned ahead, didn’t they?

It is so sickening that the socialists (I now refuse to call them ‘Democrats’) are pompously going around saying that health care is a “God-given right,” quoting the Bible left and right, twisting conservative leaders’ sayings and other garbage.

The socialists are setting up our nation for tyrannical rule and we must stop them!

[edcoil]

“as the Constitution applies itself equally to every citizen, regardless of provision or circumstance of the individual.”

When was that true? The government gives free homes, medical, education, food and life to some citizens and gives nothing an taxes others.

How are citizens treated equally if they “don’t pay their fair share.”

[SpinnerWebb]

It’s going in the trash.

The bill or the Constitution?

[Woebama]

That clause is standard in all laws.

[mad_as_he$$]

Standard verbiage in most statutes.

[darkangel82]

The bill, hopefully.

[SpinnerWebb]

The government gives free homes, medical, education, food and life to some citizens and gives nothing an taxes others.

Ergo, that same unfair benefit clearly has no constitutional basis.

[Responsibility2nd]

Hope lives.....

 

13 STATES FILE LAWSUIT AGAINST HEALTH CARE BILL

I trust more states will join in. I also trust the states, the courts, and the will of the people will overturn ALL this crap.

[PMAS]

the list

[Responsibility2nd]

One astute FReeper said....

 

I do not think the courts will ovturn it completely in one step, but individual provisions may be able to be thrown out one-by-one until it is unworkable structurally, and thus dead...
The provision requiring purchase oif insurance which is enforced by the IRS could easily be overturned. And that would be a start.

73 posted on Tuesday, March 23, 2010 12:41:36 PM by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)

I do not think the courts will ovturn it completely in one step, but individual provisions may be able to be thrown out one-by-one until it is unworkable structurally, and thus dead...
The provision requiring purchase oif insurance which is enforced by the IRS could easily be overturned. And that would be a start.

[Adder]

If the funding mechanism is declared unconstitutional, ie the mandate, then a lot of the bill fails because it depends on the revenue.

[FourPeas]

IIRC, that’s a common phrase for bills to include.

[OldGuard1]

The vast BULK of the Law will NEVER BE REPEALED, period.

I really fear that, but I think you may be right. First, we stand no chance at repealing it while Barry is in charge. I mean, getting a 2/3rds vote in the Senate? Not a chance. So that's, best case, three years, plus the time for the legislative process to pan out. That's plenty of time for people to become dependent on the handouts.

Once people get hooked on handouts, it's hard to get them off of them. How do you think the poor will react when you tell them you want to repeal their subsidies once they've gotten reliant on them? How do you think college students will react when you tell them they can't stay on their parents' insurance until age 25? How do you think people with preexisting conditions will react when you tell them that they don't have to be covered any more? Sure, repealing these changes would be a boon for healthcare *as a whole*, but once people become dependent on a particular provision, they don't want to let it go. "Every man for himself", so to speak.

It's a dark day...

[bigbob]

Making the HRs up as we go along...

[Marty62]

Agreed.
If it is ruled unconstitutional, just do it anyway.

HUMMMMMM