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To: NonValueAdded

I don’t understand Kennedy’s argument. It stands to reason that a bill that has unconstitutional provisions may also actually have constitutional provisions. Now, the individual mandate may make the entire bill unconstitutional as a whole.


30 posted on 03/29/2012 8:53:01 PM PDT by Crucial
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To: Crucial
Limbaugh shed some light on severability today. See My Judge Buddy on Severability. Let me know if that helps.
31 posted on 03/29/2012 9:04:43 PM PDT by NonValueAdded (Steyn: "If Greece has been knocking back the ouzo, we're face down in the vat.")
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To: Crucial

I understand Kennedy’s argument.

This is a piece of legislation. It arose from another branch of government. It would be more of a court intrusion into the legislative process of the other branch for the COURT to go through the bill line by line and rule on constitutionality and serverability, than it would be to simply strike down the entirity of it and let the legislature once again act, or not act, on a legislative matter.

Scalia made the same point, only using different words. It really isn’t the role of the COURT to micro examine a tortured, complex piece of legislation of almost 3,000 pages. Courts are there to get to the essence of a matter, the heart of the issue, and make a ruling.


35 posted on 03/30/2012 8:47:56 AM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR" - Glenn Beck)
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