Midknight Review -- new and revised: ObamaCare - Day Three: The Severability Issue Defined (succinctly).

In contract law, there is the issue of severability. Perhaps I over simplify this matter as applied to ObamaCare, but it appears to me that without a severability clause embedded within a law's legalese, that law must be considered as a whole. Somehow, in the process of wheeling and dealing, a severability clause, oiginally written in ObamaCare, was dropped from the law. It appears that this was unintentional, a monumental mistake. The fact that the Dems wrote the clause into the law and, after realizing that it had been dropped, tried to re-insert the clause is evidence to me, that the Dems understood the necessity of the clause, itself.

Below (from Investopedia) is an acceptable definition of "severability," but first, a statement from Heritage's, The Foundry. The central issue with regards to severability is aptly expressed by the legal minds at Heritage:

To answer this question, the Court looks to what Congress intended—namely, would Congress have preferred a health care bill without a mandate to no health care bill at all, or would ObamaCare work as Congress intended stripped of the mandate. Here’s what to watch for at today’s oral arguments. (you will want to click on this link and read the full Heritage article).

Definition of 'Severability' taken from Investopedia.

A clause in a contract that allows for the terms of the contract to be independent of one another, so that if a term in the contract is deemed unenforceable by a court, the contract as a whole will not be deemed unenforceable. If there were no severability clause in a contract, a whole contract could be deemed unenforceable because of one unenforceable term.

A contract with a severability clause is essentially one contract divided into many different parts: default on one component of the contract does not prevent the rest of the contract from being fulfilled. If a sentence, clause or term in a contract is deemed invalid by a court, then this problem area of the contract will most often be rewritten to fit both the contract's original intent and the requirements of the court.

The Stated Nonsense from the Left now includes these Progressive goals:

July 2, 2008, Obama had this to say: "We cannot continue to rely only on our military in order to achieve the national security objectives that we've set. We've got to have a civilian national security force that's just as powerful, just as strong, just as well-funded."

MICHELLE OBAMA: "Barack knows that we are going to have to make sacrifices; we are going to have to change our conversation; we're going to have to change our traditions, our history; we're going to have to move into a different place as a nation."

“ . . . . . . they have become a generation of activists possessed with that most American of ideas – that people who love their country can change it.” -- Obama the Radical

On September 30, Van Jones told MSNBC "I think everybody should hold onto your seats. October is going to be the turning point when it comes to the progressive fight back."

Midknight Review -- new and revised

ObamaCare - Day Three: The Severability Issue Defined (succinctly).

No comments:

Post a Comment

copyright policy of the original Midknight Review