{"id":37471,"date":"2011-02-01T01:01:01","date_gmt":"2011-05-19T00:05:27","guid":{"rendered":""},"modified":"2011-05-19T00:05:27","modified_gmt":"2011-05-19T00:05:27","slug":"an_explanation_of_severability","status":"publish","type":"post","link":"https:\/\/admin.rushlimbaugh.com\/daily\/2011\/02\/01\/an_explanation_of_severability\/","title":{"rendered":"An Explanation of Severability"},"content":{"rendered":"
\n

RUSH: Let\u2019s go Traverse City, Michigan, and we\u2019ll start with Bob. Welcome, sir. Great to have you with us on the program.<\/p>\n

CALLER: Thank you, Rush. I listen to your program so I can inoculate myself against the birdbrain flu.<\/p>\n

RUSH: Well, I appreciate that, sir. Whatever the reason, we appreciate it.<\/p>\n

CALLER: Well, my question is that Judge Vinson ruled that the Congress can\u2019t regulate inactivity.<\/p>\n

RUSH: Yeah.<\/p>\n

CALLER: And I know that immunization mandation comes from the state, I\u2019m sure that\u2019s (unintelligible) the Supreme Court, and I\u2019m sure the Supreme Court\u2019s upheld it, but how does this mandate to buy insurance much different from immunizations? Can you answer that?<\/p>\n

RUSH: What is the difference in the state\u2019s mandating people buy insurance and be immunized?<\/p>\n

CALLER: Yeah, childhood immunizations.<\/p>\n

RUSH: It\u2019s a hearing problem. Is that what you said?<\/p>\n

CALLER: Yeah, exactly.<\/p>\n

RUSH: Well, the states could do far more things. The Constitution is very precise, very, very cogent, and the states have far more powers of that kind than the federal government will ever have. Thomas Jefferson and the boys saw to it.<\/p>\n

CALLER: Okay.<\/p>\n

RUSH: For example, the states can mandate that you have automobile insurance. The Feds cannot.<\/p>\n

CALLER: But this immunization business, what I\u2019m saying is it has to do with the inactivity. The auto insurance has been held up because you\u2019re out putting people at risk and (unintelligible) automobile.<\/p>\n

RUSH: No, no. The inactivity is just a logical conclusion. If they can make you buy something, then by logical extension they have the ability to tell you you can\u2019t buy something else, which is used to illustrate the fallacy of the premise that they have the right to tell you to buy anything. They can isolate you in the state, for example, but in the federal government, can\u2019t do that.<\/p>\n

CALLER: So the states could mandate you do this program and the Feds can\u2019t?<\/p>\n

RUSH: The state does. Many states already do, but the federal government cannot.<\/p>\n

CALLER: I got you.<\/p>\n

RUSH: Very simply. And I\u2019m glad you called, because a lot of people have the belief, and it\u2019s furthered by people like ‘Pete\u2019 Stark who says there\u2019s nothing the federal government can\u2019t do. It\u2019s being run by people who have that attitude, and there\u2019s a Constitution that makes it clear that the reason it exists is to keep the federal government from becoming an aristocracy or a kingdom or a dictatorship. That\u2019s the express purpose of the Constitution, one of many. The first ten amendments, the Bill of Rights, the reason the left doesn\u2019t like it is because it tells the government what it cannot do to people, what it cannot do for people. Our Founders had fled a totalitarian dictatorship, a kingdom, for all intents and purposes, where everything about their lives was regulated. They had to adhere to a certain religion, they had to do this, they had to do that. If they didn\u2019t they were heretics and they could be put in jail. They didn\u2019t like that. They wanted all kinds of freedom, so they wrote a Constitution limiting what the federal government can do, and the Commerce Clause is very clear. <\/p>\n

The Commerce Clause makes it clear the federal government cannot require any person buy a product or a service or anything of the sort, and by logical conclusion they can\u2019t tell you that you have to forgo something at the same time. Don\u2019t get caught up in a petty issue that you may have here with immunizations and whether to do it. The states can do what they want. The states can mandate that you have auto insurance. Federal governments never have the ability. They can urge you, they can have all these scare — Hillary Clinton and Bill up there saying you gotta have this vaccination, Kathleen Sebelius, the swine flu is coming, you\u2019re all gonna die. They can\u2019t make you get the vaccine. In fact, a lot of people will refuse to get a vaccine if the federal government\u2019s pushing it simply because it\u2019s the federal government pushing it and they don\u2019t trust it, pure and simple. So get rid of this notion the federal government has omnipotent powers. It doesn\u2019t. This bunch running the country thinks that they do and are acting under the premise that they do, and that\u2019s what\u2019s been struck down here and that\u2019s what\u2019s profound about this. Many of us are saying it\u2019s about damn time somebody applied the brakes to this bunch and not just this bunch but everybody who thinks the federal government\u2019s powers are limitless. Screw them! <\/p>\n

Tom in Hanford, California. You\u2019re next on the Rush Limbaugh program. Hi.<\/p>\n

CALLER: It\u2019s a pleasure, Rush. Hey, I believe this administration has basically wasted two years. They shoulda done all their homework, but instead they\u2019re trying to force-feed their agenda and basically they should have been working on getting jobs together or trying to promote jobs, and now all of a sudden there\u2019s a jobs crisis.<\/p>\n

RUSH: Exactly as intended. Well, you say they wasted their time.<\/p>\n

CALLER: Well, they wasted our time, they wasted their time, they spent countless dollars promoting this and trying to tell us how good it\u2019s supposed to be. I mean there\u2019s advertising campaigns, all kinds of crap.<\/p>\n

RUSH: Right, exactly by design. They didn\u2019t waste anything. Their intent was to get this health care law passed with this mandate and eventually get rid of the private sector insurance industry so that they were the only place you could go to for health care insurance and treatment. They as far as they\u2019re concerned, their mistakes, if they will admit to any, what they\u2019re going to realize their mistake was, was not putting a severability clause in the legislation. And the judge references this. A severability clause, many pieces of legislation have them and essentially it says if one part of this piece of legislation is ruled unconstitutional it does not mean the whole thing is. The judge says they did not ask for severability. Therefore they knew that if any aspect of this was ruled unconstitutional the whole thing goes down. And it did. They didn\u2019t waste any money. They didn\u2019t waste any time. They got flummoxed here. They\u2019ve gotta go back to the drawing board.<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: Now, let me explain severability. I explained to you what it is. Let me tell you why they couldn\u2019t put that clause in. Severability says if any part of this legislation is found to be unconstitutional, only that part will be struck. The rest of the legislation holds up, remains intact. The reason they didn\u2019t put severability in is the CBO. They had to find a way to create the illusion of revenue being created to keep the cost of this thing over ten years under a trillion dollars. So you know some of the tricks. But the figure that\u2019s relevant here, 32 million uninsured. The law mandating that you buy insurance adds 32 million times an annual premium, which is revenue. They had to have that. They had to have that, even if it was just theoretical, they had to be able to send to the CBO that 32 million people were going to be required to buy health insurance or face a fine. <\/p>\n

There was gonna be a source of revenue from those 32 million one way or the other. Either they bought a policy or they paid a fine. If you take away the mandate which leads to revenue being generated from the uninsured, the CBO would not have been able to claim that it would lower the deficit and Obamacare would have to sunset in ten years just like the Bush tax cuts because if something doesn\u2019t come in at a projected budget figure — I forget, it\u2019s a formula, then it goes away. If it causes the deficit to go up, then it dies. And they had to find a monkey wrench way to show that the deficit would not go up, that in fact that it was going to be reduced. And so they found this magic number of 32 million uninsured, and they\u2019re gonna get money out of \u2019em somehow, they\u2019re either gonna force \u2019em to buy a policy or pay a fine if they don\u2019t. So without the mandate there would be no savings and it would have to sunset and they would have lost a huge propaganda point, which is an outrageous lie anyway. And health insurance companies would have never supported the bill without that mandate. The insurance companies — wish I coulda talked to \u2019em — but the insurance companies were just looking two years down the road. They weren\u2019t looking for the rest of their lives, they saw, ‘Wow, this stupid regime is gonna give us 32 million new customers. Hell, yes, we\u2019re gonna support that.\u2019 <\/p>\n

So they went along with it. They would have never supported the bill had there been no mandate. So you can\u2019t allow severability. You can\u2019t allow a federal judge to take that out. Because you take that out, and the rest of the bill goes by the wayside because it fails to meet the fiscal responsibility aspects of the law. So this whole thing, folks, was concocted on a series of lies, prevarications, frauds or what have you, and this is essentially what Judge Vinson has spotted and seen, and, frankly, what a number of us did. That mandate is unconstitutional, but without it this law can\u2019t survive. I think they rolled the dice. I don\u2019t know whether they thought it would be challenged. I don\u2019t know if they had any idea that 26 states would file suit against it, I don\u2019t know if they\u2019ve figured somebody would say it\u2019s unconstitutional. I don\u2019t know what they thought. I don\u2019t remember if they said anything about that. All I know is they couldn\u2019t put a severability clause in it. They had to be thinking about it, obviously, because they couldn\u2019t put the severability clause in, they couldn\u2019t give a judge a right to take just that out of it and let the rest of it survive, because the truth is you take the mandate out and it all falls by the wayside. <\/p>\n

And you watch, they\u2019re gonna file for a stay, they keep implementing this, and their legal argument is going to center around the fact that the mandate is constitutional. That\u2019s what this is all gonna be about, when it goes to the appellate court — there are gonna be some other things, too, that Judge Vinson ruled on, but it\u2019ll focus on that, then up to the Supreme Court as well as to whether or not that mandate is constitutional, pure and simple. It\u2019s fascinating to watch this and it\u2019s such — I can\u2019t tell you the swelling of pride in my heart last night when I heard this. This is one of the best affirmations that we as a country still exist as founded and as we\u2019ve known it that we\u2019ve had since this bunch was immaculated into office in 2009. I cannot tell you. And that is why I spent the first hour here trying to explain what the Republican Party strategery here is. They\u2019ve got the biggest boost that they\u2019ve ever had to defunding this thing and repealing it. I mean they\u2019ve got the wind at their backs now. They don\u2019t have to just simply rely on the people don\u2019t want it because that doesn\u2019t mean anything to the regime. Now we\u2019re gonna find out if the Constitution means anything to the regime \u2019cause this law\u2019s been voided, folks. It is unconstitutional. And again for the gazillionth time, the judge did not say that they can continue to implement it while it\u2019s appealed. We\u2019ll keep a sharp eye on this. <\/p>\n

This is Ray, Chattanooga, Tennessee, welcome to the EIB Network, sir. Hi.<\/p>\n

CALLER: Hi, Rush. How are you doing?<\/p>\n

RUSH: Very good, sir. Thank you.<\/p>\n

CALLER: I\u2019ll get right to my point. Earlier you were talking and you just now finished a monologue about what I\u2019m gonna say, and that is you were talking about 70% agreeing with basically the principles of where the Tea Party is moving.<\/p>\n

RUSH: Yeah.<\/p>\n

CALLER: And as is always true, it created an epiphany for me, which is, I\u2019m in my mid-fifties, and I cannot remember a time when the American people were truly ready to right the ship in this country. And I will tell you this. If the politicians squander this opportunity, they not only squander their opportunity for power, in my opinion, they squander an opportunity to make the United States what it really is truly supposed to be.<\/p>\n

RUSH: Wait a minute. You can\u2019t remember a time when the American people were ready to right the ship, you mean correct it?<\/p>\n

CALLER: No, not in my lifetime. I can\u2019t remember when they were truly ready to tackle these problems and get things back on —<\/p>\n

RUSH: Well, one of the reasons, there\u2019s never been this kind of overreach by any administration. We\u2019ve never had this before.<\/p>\n

CALLER: That\u2019s true.<\/p>\n

RUSH: And it is heartwarming to see, there\u2019s no question, I agree totally with you about that.<\/p>\n

CALLER: Well, I mean what we have, and when you think about it, I mean Barack Obama is truly the founder of the Tea Party because it\u2019s basically like the law of physics. For every reaction there is an equal and opposite reaction.<\/p>\n

RUSH: Yeah, I know. I know exactly what he\u2019s saying. Who\u2019s the Tea Party leader? They don\u2019t have one; they\u2019d be wise not to have one. It\u2019s a grassroot effort that\u2019s bubbled up, but it\u2019s clear Barack Obama was the impetus. We\u2019ve never had a president like Obama. We\u2019ve never had a Tea Party movement like this other than during the founding. This is all good. Everything here is all good. Now we just have to see if the Republicans in Washington are gonna remain focused and not go lazy on us. Maybe they could sit there and say, ‘Okay, the court says it\u2019s unconstitutional, let the court do the heavy lifting, we\u2019ll just sit back awhile, stop putting our necks out on the line.\u2019 Hope they don\u2019t do that. I hope they understand here you got this Gallup USA Today poll, 70% of the American people think the Tea Party\u2019s ideas are good, should be listened to. Federal judge, Reagan appointee, this thing is unconstitutional, void it, it has no business being a law in this country. Well, if they\u2019re serious about repealing it this is a nuclear bomb in your ammo, this is a nuclear bomb in your arsenal. And this should be like an afterburner being turned on for you, and that\u2019s what it ought to be. <\/p>\n","protected":false},"excerpt":{"rendered":"

RUSH: Let\u2019s go Traverse City, Michigan, and we\u2019ll start with Bob. Welcome, sir. Great to have you with us on the program. CALLER: Thank you, Rush. I listen to your program so I can inoculate myself against the birdbrain flu. RUSH: Well, I appreciate that, sir. Whatever the reason, we appreciate it. 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