Framing the Dialogue

Posts Tagged ‘unconstitutional’

Update – Unelected Group of People

It’s funny (scary not humorous) how when you dig into a topic you find much more than expected.  It is also not unusual to hear more about similar topics once you become aware.  Like noticing more of our cars on the road once you buy one.  Soon after my previous post I was listening to syndicated talk show host Jim Quinn discussing Obama’s less-than-veiled threat to SCOTUS.  Quinn was discussing the hypocrisy of Obama’s attacks on SCOTUS as unelected while his Justice Department was looking to a court to declare the Defense of Marriage Act unconstitutionalEric Holder was quoted as saying,

Update: News Briefs – Volume XXXI – Very UnCONSTITUTIONAL

As I was driving to work this morning I thought of perhaps one of the best (i.e. worst) examples of unconstitutional actions by our federal government;

Brief 6:  Shortly after the new year began in 2012 President Obama signed the National Defense Authorization Act.  Tucked into the bill is a provision that many believe greatly expands the ability of the federal government take you into custody and hold you indefinitely;

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.

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: