Platapus |
01-31-11 08:53 PM |
Quote:
"Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.
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This is an interesting and contentious issue. And one not universally agreed to by the SCotUS.
There is a presumption that any law is constitutional until demonstrated that it is unconstitutional. Under this proviso, courts, when declaring a part of a law unconstitutional, have upheld other articles in the law not directly affected by the unconstitutional part.
Other courts, in different cases have declared the entire law unconstitutional if part of the law is found unconstitutional if the unconstitutional part is determined to be a core part of the entire law.
It all depends on if the unconstitutional part can be stripped out of the law and have the law stand in its new form. It is not a black and white issue. :nope:
In my opinion, I think the states should concentrate on only the specific parts of the law that can reasonably be considered unconstitutional i.e., the mandate and the state penalty.
That will be a much cleaner challenge and one, in my opinion, that will stand up in court.
I believe that the concept behind health care reform is valid, but the implementation was wrong.
Let's fix the bad and keep the good instead of trashing the whole thing and perhaps waiting another 40 years to try again.
I was actually in favour of an incremental plan for fixing health care. Find out what was wrong and fix that specific problem and see how it worked. Trying to fix all of health care in one fell swoop is risky and I believe did not work out well.
This is going to be an interesting Supreme Court case. I look forward to reading the opinions of the court on this one. :yep:
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