Originally posted by Ogie Oglethorpe
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“I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
- John 13:34-35 (NRSV)
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The standard is whether it is evident that without the unconstitutional section that Congress would not have enacted the constitutional sections. Considering that there were a number of folk who wanted to have the ACA without the individual mandate, I don't think that standard can apply."Just puttin on the foil" - Jeff Hanson
“In a democracy, I realize you don’t need to talk to the top leader to know how the country feels. When I go to a dictatorship, I only have to talk to one person and that’s the dictator, because he speaks for all the people.” - Jimmy Carter
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Originally posted by kentonio View PostThen please explain why they are debating whether they should strike down part or the whole if its such a no brainer? Also please explain why so many people are shocked by the idea that the whole thing could be struck down.No, I did not steal that from somebody on Something Awful.
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Originally posted by Ogie Oglethorpe View PostWhat evidence is there for that claim. The closeness of the overall pasage of the bill makes it seem exceedingly unlikely that no way the other provisions would have passed particularly after the election of Brown. Presumption seems to me extremely presumptuous.“I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
- John 13:34-35 (NRSV)
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I did give you the cite that says the Court isn't all the fond of striking down Constitutional sections of a law along with the Unconstitutional ones.“I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
- John 13:34-35 (NRSV)
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Originally posted by Imran Siddiqui View PostI thought it was apparent that the closeness of the overall passage was due to the inclusion of an individual mandate and if it was taken out would have passed much more comfortably."Just puttin on the foil" - Jeff Hanson
“In a democracy, I realize you don’t need to talk to the top leader to know how the country feels. When I go to a dictatorship, I only have to talk to one person and that’s the dictator, because he speaks for all the people.” - Jimmy Carter
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Originally posted by Imran Siddiqui View PostI thought it was apparent that the closeness of the overall passage was due to the inclusion of an individual mandate and if it was taken out would have passed much more comfortably.John Brown did nothing wrong.
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Originally posted by The Mad Monk View PostBecause the law was passed as a single piece, and the portion in question is critical to the whole.
But then, beyond all those key parts, is what they described as the periphery, which are all the small, mostly independent parts that really had nothing to do with the core of the bill or the mandate. I think it'd be silly to strike this stuff down as well. But, as previously noted, it'd put the Justices (or their law clerks, as Scalia pointed out) into the position of combing through this 2,700 page bill to decide what stays and what goes. Which would not only be a chore, it could be seen as a quasi-legislative function by the Court. But I imagine they can find an easier way of doing it. Strike down section 1 or something. Or just name the key parts they are striking down and let Congress figure out the rest. I think it is more likely that these "peripheral" elements of the bill will survive. But, who knows.
All I care about is getting that damn individual mandate struck down, I don't care about the rest.Captain of Team Apolyton - ISDG 2012
When I was younger I thought curfews were silly, but now as the daughter of a young woman, I appreciate them. - Rah
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Originally posted by OzzyKP View PostOr just name the key parts they are striking down and let Congress figure out the rest.
This is essentially what overturning the whole bill will do."I am sick and tired of people who say that if you debate and you disagree with this administration somehow you're not patriotic. We should stand up and say we are Americans and we have a right to debate and disagree with any administration." - Hillary Clinton, 2003
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Originally posted by Felch View PostWithout the individual mandate, the law becomes unworkable. I'm not going to pay inflated rates for insurance if I don't have to. And I'm not alone in that.
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Originally posted by kentonio View PostSo the Supreme Courts job now includes deciding whether laws passed by congress are likely to be popular with the public?Try http://wordforge.net/index.php for discussion and debate.
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