Framing the Dialogue

Posts Tagged ‘individual mandate’

News Briefs – Volume XXXI – Very UnCONSTITUTIONAL

News briefs are a collection of interesting news stories. This edition is all about how Obama’s unconstitutional actions WILL affect your life

Brief 1:  One option that a president has to get some of his controversial nominees appointed is to wait for Congress to recess and then is able to appoint them to a limited term.  I remember celebrating W’s recess appointment of John Bolton as U.N. ambassador.  Obama stired controversy on recent recess appointments because Congress was not actually in recess.  The Supreme Court and settled law had determined that if Congress was not in session for three or more days then they were in recess.  Obama, with the backing of his Justice Department waited ONE DAY to claim a recess and appoint his henchmen.  Fortunately we have a strong Congress who cares about maintain the delicate balance of the three branches of government and will soon fix/find a way to reverse the appointments – – Oh wait we don’t have enough Congressmen with the guts to take on Obama.

Parsimony – Obama Overhaul

In “Parse-imony” I break down current news stories with my pithy, running commentary…

First the headline…

Obama pulls plug on part of health overhaul law

…and now the story:

WASHINGTON – (AP) — The Obama administration says it is unable to go forward with a major program in the president’s signature health care overhaul law — a new long-term care insurance plan. [broken promises]

Officials said Friday the long-term care program has critical design flaws that can’t be fixed to make it financially self-sustaining. [Perhaps had they spent a little time doin some cipherin they could have figured this stuff out ahead of time.  It is hard to believe that the White House’s fiscal projections were flawed.]

Severable (sev-er-a-bul)

Severable is defined as:  Capable of being severed or separated; separable into legally distinct rights or obligations, as a contract.

Synonyms: divisive, divisible, separable

What does Judge Roger Vinson think:

“Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”

Can you give some examples?

Example 1:  When contracts are written, especially lengthy ones, there are many components to that contract.  If a conflict occurs between the parties over or an outside person challenges one component of the agreement it puts the remainder of the contract in jeopardy.  Attorneys often include a severability clause into the agreement stating that if one part of the agreement is deemed null/void then the rest of the contract shall remain.  As an example: