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To: camle

I hope the mandate is found unconstitutional, rather than having them repeal the mandate by statute. The reason is, the Dems were in such a hurry to pass the bill, they neglected to include a severability clause. That means that if any part of the bill is found unconstitutional, the whole bill is overturned.


11 posted on 08/09/2010 7:37:24 AM PDT by CA Conservative
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To: CA Conservative
I'm sure any second rate lawyer could come up with 10 arguments why that doesn't apply in this case.

That means that if any part of the bill is found unconstitutional, the whole bill is overturned.

14 posted on 08/09/2010 7:38:50 AM PDT by DManA
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To: CA Conservative

let’s hope so...


15 posted on 08/09/2010 7:43:26 AM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: CA Conservative

I hope the mandate is found unconstitutional, rather than having them repeal the mandate by statute. The reason is, the Dems were in such a hurry to pass the bill, they neglected to include a severability clause. That means that if any part of the bill is found unconstitutional, the whole bill is overturned.
__________________________________

Are you sure there is no severability clause? I find that hard to believe (as an attorney who has drafted model legislation)....Admittedly, I don’t know...


18 posted on 08/09/2010 7:57:03 AM PDT by Tulane
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To: CA Conservative

Watch for the dems to pull something like “deeming” it to be severable.

They’ll try to get around the whole bill being declared void.


20 posted on 08/09/2010 8:03:44 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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