Quote:
Originally Posted by OldDog
This is how you respond to joeydb, and yet somehow my O. M. G. reply to your not being familiar with the concept of separation of powers is inadequate?
Separation of powers, or checks and balances, were designed to prevent government from wielding uninhibited power. Progs, understandably, have never been fond of the concept which is why they are always claiming that the Constitution is a "living document" whose principles can be changed to suit their whims. In this instance, scotus has decided that it is its function is to make a law work, not because of how it was written, but in spite of how it was written, simply because they want it to work. They decided that in the case of the ACA, "[A] fair reading of legislation demands a fair understanding of the legislative plan," and since the ACA desires "to improve health insurance markets," if at all possible it should be taken to mean whatever one believes it means in order to make it work, despite of its troubled legislative history (as in relying on the public's ignorance). This is known as judicial activism, or legislating from the bench. It's not as if it's never happened before, but I expect that this example of it, in such sweeping legislation, means that we can expect to see more in the future.
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again, i know how it works.
i hope you read the article i posted, explaining some of what the justices considered.
but you probably didn't.
again, not liking the ruling doesn't mean it is unconstitutional or that our system is broken.
when the scotus ruled on corporate free speech, and on hobby lobby, i disagreed with their decision. i didn't bemoan legislating from the bench.