Tuesday, February 1, 2011

The Parsers

The Parsers
(by R.P.Edwards)

Parsing, parsing
Here we go
Find things
Nobody knows
Hidden meanings
Worlds of do
So often found
By those…
Who choose

I hear sleet bouncing off the “stuck in the wall” air conditioner.  Yes, it’s the “super storm” and so far it’s (at least in my local) a bit of a let down.  Promised a foot of snow; getting a bunch of ice stingers.

Anyway, to the news.  Yesterday, federal Judge, Roger Vinson, said the Obama Healthcare Bill was a no go because of the “individual mandate.”  Following are some snippets:

“The Act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker…
Regardless of how laudable its attempt may have been to accomplish these goals in the Act, Congress must operate within the bounds established by the Constitution.  Again, this case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government.  For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate…Because the individual mandate is unconstitutional and not severable, the entire Act must be deemed void.”

Seems it all hinges on the “Commerce Clause” in the Constitution.  Ready for it?  Here it is:
To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.
Those who say “you can;” they stretch the words without end.  Others (at least 26 states worth) say, “It‘s limited.”  The good judge agrees with the latter.  And, since the “individual mandate” is central to the legislation; it has to go.

My take: Of course it should be tossed!  Requiring everyone to enroll or be penalized; outrageous!  But, do I think the “benders” will sit idly by?  No.  I hear that even now some political higher ups (who elects these guys?) will try and arm twist their way to victory. 

Final thought:  Apparently the plaintiffs also wanted the judge to issue an injunction stopping the “Act”…in the act.  He didn’t go that far; thinking it unnecessary.  He quoted Justice Scalia on the matter:
…it must be presumed that federal officers will adhere to the law as declared by the court.”  I see that Judge Vinson’s resume also includes being a man…of faith.

Here’s a link to the text:  The Ruling


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