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To: Neoavatara

The whole thing from the bill itself to how it gets passed using reconciliation will get ripped to shreds in the courts as unconstitutional.


10 posted on 03/03/2010 4:15:37 PM PST by diverteach (D.C. has become Jonestown)
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To: diverteach
"The whole thing from the bill itself to how it gets passed using reconciliation will get ripped to shreds in the courts as unconstitutional."

While I think there are several items in this proposed legislation that will be found unconstitutional - namely the individual mandate - how it's actually passed won't be measured by the Court. There's long standing precedent, based primarily on the separation of powers, that doesn't allow for judicial review of Congressional interpretation of its own rules.

IOW, the Judiciary will review the sausage, but won't review how the sausage is made - at least they haven't yet. And, from a purely conservative and originalitist's standpoint, I don't think we want the judiciary to carve out for itself any more power than it already has with Marbury.

16 posted on 03/03/2010 4:27:22 PM PST by OldDeckHand
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