Framing the Dialogue

Posts Tagged ‘law’

Three Faces of Barry

I am going to allege something that may shock you.  I have observed a national politician who may change his message based on the audience to which he is speaking.  Some, including me, would call this type of behavior two-faced.  If you read the title you probably have a guess to whom I am speaking…our President Obama.  Politicians have always done this and pretty much gotten away with it, but Mr. Obama has perhaps taken the “skill” to a new level and is in many cases “three-faced.”  Building on his most favored status in the lame-stream media and his Pied Piper-like hypnosis over his minions he seems unabashed and does not even attempt to hide this form of politics.  I guess if it keeps working he’ll keep doing it.

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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:

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News Briefs – Volume XVI

News briefs are a collection of interesting news stories…

Brief 1:  Pennsylvania’s legislature is earning their money as they consider a ground-breaking piece of legislation.  The legislation, described by Rep. Scott Perry, will allow citizens to defend themselves “anywhere you have a lawful right to be…It’s important we are allowed to avail ourselves of our constitutional right to protect ourselves.  Right now, the scales are tipped to criminals or perpetrators, and I want to see the scales tipped back to law-abiding citizens.”  If they can pass the legislation you you would be able to defend yourself without having to flee first.  If this is a “constitutional right” then why do we need a bill to allow it?  Perhaps the saddest thing is not so much that we need this legislation, but that our legislature cannot seem to pass it and that Gov. Rendell seems hesitant to sign it into law.  Maybe there is a critical vote on Pennsylvania’s state cookie.

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Government 101

I have unfortunately been exposed to something from which there is no cure…the writings of intelligent people.  Most of us have read textbooks chock full of ten cent words written by people with lots of initials and abbreviations after their names and we really gain nothing from them.  They are written in a language other than what we speak which I’ll call Intelectish.  The pedestal that these authors put themselves on is so high and they look so far down on us poor, tired, huddled masses that they cannot see what is above them. 

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The Law

The Law2Just a few days ago I commented on my desire for Americans to learn more about economics.  I also finished the post adding the need to learn about history.  The writings of Frederic Bastiat prove this second point.  Bastiat died in 1850 yet 160 years after his death words speak to many of the issues that we encounter today. 

In The Law, written shortly before his death, Bastiat makes a compelling case that law in France at the  time was being misused to commit legal plunder.  Laws passed that allow government to take from one person and give it to other persons to whom it does not belong do not change the fact that something is TAKEN from the first person or plundered.  The passage of such laws make the plunder legal.  We most recognize this plunder in the form of taxes.

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