SHould the mandate or the entire bill go?

Discussion in 'Law and Justice System' started by The Rabbi, Mar 30, 2012.

  1. The Rabbi
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    The Rabbi Diamond Member

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    From the arguments it sure looks like the mandate part of Obamacare is toast. The question was argued on the last day whether the entire bill or just that part of it should be struck down. Justice Ginsburg argued that striking the entire bill would be a radical exercise in judicial power. Justice Scalia argued that not striking the entire bill would be an exercise in judicial power.
    I am inclined to agree with Scalia (surprise). Since so much of the bill hinges on the mandate leaving any part of it would mean essentially the justices deciding what should or shouldn't be the law. Which is really Congress' role. Better to nix the whole thing and let Congress start over.
     
  2. NLT
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    NLT Gold Member

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    Without the mandate, the house of cards fall.
     
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  3. occupied
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    occupied Gold Member

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    If struck down in it's entirety, do you think congress would do anything at all to replace it? Not a chance in hell, we get to wait another ten or twenty years for something that should have been done twenty years ago.
     
  4. NLT
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    NLT Gold Member

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    If you want a system like they have in Socialist countrys, its not gonna happen. Too many freeloaders will bankrupt any health care program.
     
  5. occupied
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    occupied Gold Member

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    If it gets so expensive that the ranks of the uninsured continue to swell it's going to bankrupt anyway.
     
  6. ecinicola
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    ecinicola Active Member

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    I think the mandate will not be accepted. It is not constitutional. If the judges follow the constitution, obamacare will be voted down.
     
  7. Claudette
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    Claudette Gold Member

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    I agree.

    The whole plan needs to go.

    It needs real reform as to cost and I sure hope it can get done.

    It won't be till after Nov 2012 though.
     
  8. PLYMCO_PILGRIM
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    PLYMCO_PILGRIM Gold Member

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    It is not the courts job to re-write and edit legislation. It is their job to decide if legislation is constitutional or not, if the legislation is not constitutional then the entire bill goes. Once this happens congress has to write a new piece of legislation.

    That is how our system works, well how it has worked anyway.
     
  9. California Girl
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    California Girl BANNED

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    Blame Obama.... the 'Constitutional lawyer' who doesn't know the Constitution well enough to sign off a bill that is Constitutional.
     
  10. VaYank5150
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    VaYank5150 Gold Member

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    It was MY understanding that the USSC is ruling on the Constitutionality of the law. While they may find that the individual mandate is unconstitutional, they do not have the right to strike down the whole law, simply because the success of the law hinges on the mandate. Right?
     

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