The statement below expresses my opinion....to the tee....of Judge Vinso when the judge stated “Congress must operate within the bounds established by the Constitution”.
Judge Vinson shows us in this decision exactly what a good federal judge looks like. This case was a victory for the Constitution and the rule of law, which makes it a victory for the American people.
The 2,700-page legislative monstrosity called a law was struck down in it's entirety because.......
Roger Vinson, of the U.S. District Court for the Northern District of Florida, the judge presiding over this case, did so because of a single word: Severability.
A single law usually contains many different provisions. Lawmakers know that if someone challenges the constitutionality of a statute, they often challenge only one or two provisions of it. So lawmakers usually try to make sure at least part of their law will survive.
The process of striking down only part of a law is called "severability." Therefore Congress almost always inserts a severability clause, saying that if part of the law is struck down, the remaining provisions continue in full force and effect.
Congress did not insert a severability clause in ObamaCare. So even though only a couple provisions of the health care law are being challenged in the Florida case—those two provisions being the individual mandate aka the requirement that every American has to buy insurance and also the sweeping expansion of Medicaid—the issue arises that if a court strikes down either of those provisions, it might strike down the entire statute.
Guess this is what happens when you do late night, back room dealing, hurry and shove it down American people throat bill that is not post on the internet for 5 days...signed by obama before it lands on his desk...law.
ObamaCare Unconstitutional -- Why Judge Vinson's Ruling Is So Important
http://www.foxnews.com/opinion/2011/02/01/obamacare-unconstitutional-judge-vinsons-ruling-important/