Should Courts Scrap the Affordable Health Care Act?

I think I meant to put kill it, but it's complicated. Killing it is really all the Supreme Court can do. I don't think it's the courts place to go through legislation and cherry pick stuff out. When the supreme court kills it, THEN is should be revised, not scrapped, but by Congress. Not the court. Using the constitution and the ruling of the courts, they will most likely want to look at a plan which keeps certain items (kids on policies until 26. Insurance available even with pre-existing conditions etc.), and get rid of the individual mandate, and other unconstitutional items. Congress has some building blocks, but will need to come with a funding mechanism without mandates. To just scrap it all and start over completely is to waste a lot of hard work. There are some items they can use as building blocks under the new administration and congress.

Of even larger concern though, and I don't think it is part of the upcoming ruling by the Supremes, because it's a different case, is the ability of an Executive branch secretary to change the entire balance of powers, usurp the constitution, begin the destruction of religious freedom change our entire system of understanding our relationship with the Government via the use of agency produced mandates. Of course I'm referring to the HHS Mandate by Secretary Kathleen Sebilius. This just can't stand. No Secretary has ever issued a document of such far reaching concerns. Remember, this is without the involvement of the legislative branch at all!! I'm hoping that if the court overturns the ACA, that it will imply that the secretary must revoke the HHS Mandate. If not, then I'm sure that it is in the process of snaking it's way to the court eventually.

Can someone with a LOT more Government knowledge than I have tell me if the HHS Mandate IS indeed tied to the Affordable Care Act? If so, then overturning that act may ipso facto imply an overturning of any agency created documents and regs which were based on it? Here's hoping.

How can we the people limit the power of the Executive brach, and it's appointed secretaries? Can we? Need a civics scholar here. Thanks,

Okay, thanks. I agree with you. But what I was asking was if somebody here might know if we, the people, through Congress, or individually, can do anything to stop these Departments and Agencies (Executive Branch Cabinet), from unilaterally imposing mandates and "laws". I'll go to Wikepedia or something. I truly don't know what the checks and balances are that are put in place to protect the citizens from the agencies of the Government that are WITHIN a branch. I know the Judicial, Executive, and Legislative Branches are all intended as a balance of power, and to keep each other in check, but what do we do when the balance of powers is thrown out of alignment by an out of control Executive branch. You know everybody is always dumping on Congress, and perhaps we should, but most of the overstepping in the Government seems to me to be done by the Executive Branch, and sometimes the Judicial Branch, (as in Roe v. Wade). Congress, frankly seems like the "good guys" to me, when put up against the Executive branch, who seem to be just making all this up as they go along, and imposing things on us without our recourse to protection which is supposed to come from Congress, and the Court.

The Executive Branch has really gotten swelled up with importance and power in this country. Why can't we, (represented by Congress), shrink them down and humble them? What happened? Whatever it was started back before FDR. Heck, maybe we've had problems since Washington with this. I'd just like to get at the core. Changing congress every two years, and "throwing the bums out" hasn't done it. The next congress is just as whimpy as the last when standing up to the Executive branch. Congress should have no less, (and in some areas), a little more power than the President. Why doesn't this happen?

We need a strongly obstructionist, and constitutionally strong Congress to start putting the brakes on these out of control Presidents, and their cabinets.

Anyway, I agree with your comment, but I don't think it's the only solution. Yeah.....we'll keep changing congress, but in the end, unless they start to understand their powers under the constitution, then Presidents and their possees will just continue to run roughshod over them, and humiliate them. Stroke of genius by the Execs, I suppose. They just blame everything on Congress, and we go along with it like bobble head dolls. I LIKE that Congress is a pain in the butt. I LIKE that they can't get along, or come to agreements. It keeps us from being absolutely flooded with meaningless legislation. But if they could just take some of the spit and vinegar they show to each other, and direct it to Pennsylvania Avenue, things might get a lot better around this joint. Just guessing.

What are some reasonable ideas on restoring the balance of powers?