Posted on 09/13/2010 3:00:19 AM PDT by Puzzleman
--snip--
Virginia is asserting that certain portions (that is, personal mandate) of ObamaCare are unconstitutional. If Virginia prevails, it leaves the question of what happens to the rest of the ObamaCare statute? This is where the concept of severance comes in. Normally all comprehensive laws contain a boilerplate severance clause; it says that if any portion of the law is found to be unconstitutional that portion is severed from the rest of the law, that is, the rest of the law stands.
But ObamaCare contains no severance clause...
(Excerpt) Read more at americanthinker.com ...
2300 pages and they forgot to include a severance clause?
LOL!
How could anyone be so dumb as to vote for a bill that is unCONstitutional?
http://www.startribune.com/politics/state/89886767.html?page=2&c=y
Rep. Tim Walz, D-Minn., “They just didn’t understand how we could save money on this by adding more people to the system, how it was going to impact them in terms of their premiums and their access to care.”
Everyone was too busy stuffing it with their personal pork to worry about that.
As a practicing lawyer for 22 years, I’d fire an Associate who drafted a contract without a severance clause. It’s that routine to every contract. This error is the type a law student who has completed a first year contracts case would not make.
That's how the Obamistas saw it at the time.
Their idea was simply that no one would dare take action to reject such a great piece of legislation.
Obviously the Democrats are insane and can't think straight.
That would require them to obey the constitution. ..Fat Chance.
"You have to read the bill to find out what is in it"
And the guy that signed it is supposed to big this big law professor/attorney....
I couldn't write this if I was Mel Brooks...
people in back ground look like over weight hispanics.....
IDIOTS! : )
Well, it just goes to show us, God still looks out for America!
Well well, thet’ll just have to ignore the lack of boilerplate, won’t they? A little more treason won’t matter too much, will it? sarcm
LOL!
The thing is so blatantly unconstitutional - if you go by the actual intent of the people who ratified the Constitution, that is - that they couldn't allow themselves to think that the Constitution had anything to do with it.So, psychologically, they couldn't put a severance clause in it, I guess . . .
I suspect that the prospects for the overturning of this monstrosity would be greatly enhanced by favorable results in November.SCOTUS justices (Justice Thomas excluded) do read the newspapers . . .
Yep, they'll try to "deem" it severable. Just wait and see.
What a great find! Terrific post.
Paul Ryan, while reminding us that there is no possibility for defunding nor repeal of ObamaCare (Obama can veto any attempts), also pointed out the lack of a severance clause clause during Saturday’s Racine Tea Party event.
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