Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: TexasGator
No problem. Court will rule that Obamacare should apply to all 50 states. Problem goes away.

See what happens when the court legislates from the bench?

First, Congress passes the mandate on the argument that it is NOT a tax, expressly removes the severability clause, and then requires Congress to participate.

The courts say that the states cannot be compelled to participate, and strikes down that part of the law.

Roberts comes along and ignores severability, says that it must be a tax, because that's the only way the law stands as Constitutional, therefore it is a tax and not an unconstitutional law.

Now, for it to be a tax, it must be applied uniformly across the states, so therefore the ruling that struck down the state mandate is now struck back in?

-PJ

46 posted on 10/22/2013 1:27:07 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 3 | View Replies ]


To: Political Junkie Too
"Roberts comes along and ignores severability, says that it must be a tax, because that's the only way the law stands as Constitutional, therefore it is a tax and not an unconstitutional law."

Traitor Roberts also claimed that the law was the will of the people as passed by their representatives (at the time of passage) AFTER the 2010 election that turned control of the House over to the GOPe on the basis of killing 0bamaDontCare.

Roberts is a retard and needs to be impeached WAY more than Warren.

55 posted on 10/22/2013 1:32:22 PM PDT by Paladin2
[ Post Reply | Private Reply | To 46 | View Replies ]

To: Political Junkie Too

Yep.


67 posted on 10/22/2013 1:37:20 PM PDT by TexasGator
[ Post Reply | Private Reply | To 46 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson