Among the issues most commonly discussed are individuality, the rights of the individual, the limits of legitimate government, morality, history, economics, government policy, science, business, education, health care, energy, and man-made global warming evaluations. My posts are aimed at thinking, intelligent individuals, whose comments are very welcome.

"No matter how vast your knowledge or how modest, it is your own mind that has to acquire it." Ayn Rand

24 May 2010

A Good Flaw in the Hasty ObamaCare Bill

Greg Scandlen, a senior fellow at the Heartland Institute, noticed that the ObamaCare bill, the 2,400 page Patient Protection and Affordable Care Act, has a possibly fatal flaw.  Most Americans believe the mandate requiring that every American buy an approved health care insurance policy is unconstitutional.  Many, and perhaps most, believe that the federal government requiring that the states pay the greatly increased costs of Medicaid required in the bill as many more people are to be enrolled in the state-paid program, is a fundamental violation of federalism.  But even if these federal mandates were overturned by the courts, much of the awful bill with its multitude of infringements upon our individual rights would still be left standing.  Ordinarily.  But in this case, Scandlen has noted that the hastily written bill does not have a standard clause in it, which is found in almost every bill produced by Congress.  The bill does not have a "severability" clause in it.  What such a clause does is state that if some part of the bill is found to be unconstitutional, then only that part is invalidated, not the entire bill.

The Democrats haste to shove this choking bill down the throats of the unwilling American People may, possibly, backfire on them.  Unfortunately, the state of constitutional law is so emasculated, and so traitorously aligned with the forces of totalitarianism against individual rights, that most constitutional scholars believe that ObamaCare will survive court challenges.  Of course, most constitutional scholars are among those who have become traitors to the purpose of legitimate government, as defined in our Declaration of Independence.  They are foremost themselves in the unrelenting attack upon individual rights.  Possibly, Justice Thomas will be be able to carry the day and save the nation from this abominable law and surprise them, as they were probably surprised by the Supreme Court's upholding the Second Amendment in DC recently.  They were certainly surprised by the overturn of parts of the McCain-Feingold "Election Reform" bill, which was held to be an unconstitutional violation of freedom of speech and freedom of association.

It would be wonderfully ironic if the Democrats had to pass the bill in order to find out what they had left out of it and that omission led to the collapse of the complete monstrosity of a bill.

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