Sanity
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Joined: 6/14/2006
From: Nampa, Idaho USA
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quote:
ORIGINAL: DesideriScuri
quote:
ORIGINAL: Sanity
'In this instance, the context and structure of the Act compel us to depart from what would otherwise be the most natural reading of the pertinent statutory phrase'...
SCALIA: 'WORDS NO LONGER HAVE MEANING'...
A FB conversation I was in:Me: What SCOTUS ruled today was what they believed the law *intended*. And, imo, that's proper.
I had this understanding from the get-go. I did wonder about it when the Gruber video came out where he said the wording was intentional, and that people wouldn't qualify for subsidies off the Federal exchanges.
Now, if they keep with the *intent* of a law being the interpretation, we'll be in much better shape, as a nation, in a short while.
Other Person: The only time "intent" should matter is when it matches the words in the law. Intent shouldn't be a cover for poorly worded legislation. Words have meaning and if the meaning doesn't match the supposed
Intent, or
Constitutional muster, then that law must be ruled null and void and new, properly written to match intent legislation, must be written, passed in the house and senate, them resulted for executive signature.
A derelict decision by SCOTUS, such as this, cannot stand,
Otherwise all laws are void, as the words written in them have no meaning and less value than the pulp they are written on.
Me:But, what you're opening up is that when something is worded, and a phrase or word changes in accepted meaning years/decades/centuries later, you're changing the Constitution outside the only way the Constitution can be changed.
Do you think the Framers actually intended to give the Federal Government the authority to dictate any potential action that might impact commerce from within one state to within another? That certainly isn't what was intended, but, as the words can be defined, it's what can pass as Constitutional authority.
But, if we accept intent as helping to define the meaning of a law, the "Interstate Commerce Clause" authorizes a whole lot less than what it's claim to authorize today. The 14th Amendment would no longer allow infants born in the US to illegal aliens to have birthright US Citizenship. The preamble's spelling out of the intent of the US Constitution would no longer take on the idea that the Government is supposed to *provide* the General Welfare, and, as we can read in the Federalist Papers, the Federal Government would, once again, be focused on things that effect the US as a whole, or among States, but all the happenings within a State would revert back to the authority of the State governments.
The way I see it, the further away each level of government is from the individual, the less it should have less impact on the individual. So, local government should have the most direct impact, County government should deal more with County-wide issues and between/among multiple localities, State government dealing with State-wide issues and between/among multiple Counties, and, finally, the Federal Government dealing with issues of the US, as a whole, and between/among States.
If laws were truly interpreted as to intent, things would be different; much different.
The intent of the law was to deny people in states that didnt set up exchanges federal subsidies, as a form of punishment for failing to embrace Obamacare
Voters in those states were supposed to vote Democrat, out of anger and frustration
But the plan was backfiring due to so many states failing to set up exchanges, a lot of voter anger at the Democrats, and several exchanges failing
The political hacks we have for justices had to re-write the law and change the intent in order to make the ruling that they did, and thus save the Democrats' skin
(They should have read it THEN passed it)
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Inside Every Liberal Is A Totalitarian Screaming To Get Out
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