Tuesday, December 14, 2010

Health Care Reform Act – One Ruling Will Negate Entire Bill - The Commerce Clause and Lack of a Severability Clause.


Article 9 of the U.S. Constitution - Clear and to the Point - see usconstitution.net

Obama Vows to be the President of “No”.

When a Federal District Judge in Virginia, ruled that the Health Care Legislation which mandates all U.S. Citizens purchase health care insurance violated the Commerce Clause of the Constitution, the hastily crafted, poorly written legislation that was rammed through Congress, was written without a severability clause. An Aid to the Democrats who were drafting the law, told a WSJ reporter that members had discussed a severability provision but deemed it wasn’t necessary (source: Kansas City Business Journal)

That’s what happens when one is in a rush to put one over on the general public, when it is clear that the public is not on board with a specific bill – mistakes happen. The mistake in this instance is the lack of a “severability clause”, without which, should one piece of the legislation be found unconstitutional, the entire bill collapses.

The Commonwealth of Virginia brought suit in Federal Court and won a ruling on the Commerce clause this week based on a State Law Virginia had the foresight to pass in March, of 2010 prior to the Congressional Passage of the Bill. Now the case goes to the Supreme Court, which is, by ideological makeup of the justices, has changed little with the inclusions of the Obama appointees who replaced likeminded justices. Therefore, should the suit brought be adjudicated by a majority along strict Constructionist standards, the Virginia ruling will hold, and the entire bill will negated. This will allow the current Congress and Senate to work with the President to craft a bill that will work; one which might include the ability of individuals to buy insurance across party lines, which is a proven model for driving down the costs of insurance.

This may prove difficult overall, as the new Congress is controlled by Republican’s whom the President has vowed he will resume fighting as soon as he gets the tax package/unemployment extensions passed. In trying to pacify the screaming leftists in Congress, Obama vowed not to work with Republicans, brilliant on the part of the Leader of the Free World to issue a statement one might hear on the playground. Perhaps he should call in Bill Clinton for that work as well; something might get done. It is no secret that both Congress and the President need to work together in order to further the interest of the nation. For far too long the partisan nonsense on the part of Pelosi and crew has held American hostage over ridiculous attempts by the then minority to stall passage of reasonable bills, and push for the ridiculous, which they promptly managed upon taking control of the House in 2006. It is not as if they have not had the time to accomplish much, yet, they have done nothing but tee off the American Public by passing legislation that a majority opposed, instead of working with Republicans (who were willing and able) to come to some sort of compromise that owl benefit the public. (Those people who members of Congress work for and without the “little peoples” support, will be out of a job – see midterm elections 2010).


What are the chances of any Congressional Representative, Senator or President being reelected if this nonsense persists and they are perceived to be the cause? Zero.

1 comment:

Foxed said...

Not so much, actually. Hudson could have struck down the entire law. He pointedly refused, only striking down the mandate. Furthermore, there is precedent for an implied severability clause.

http://lmtpolitics.com/2010/12/14/premature-exuberation/

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