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Re: big-yank post# 370587

Monday, 12/12/2016 5:42:08 PM

Monday, December 12, 2016 5:42:08 PM

Post# of 798131
Collins does not challenge HERA's constitutionality at any point. However, it explicitly challenges specific actions taken under the cloak of HERA in claim 4 thru the Separation of Powers of the Constitution. This isn't a flirt...its a straight up claim of unconstitutionality of actions taken by instituting the NWS as conflicting with the guiding principle of HERA.

So, yes you are right that Collins does not challenge HERA as unconstitutional. However, it does claim that specific actions taken under the cloak of HERA were unconstitutional.

I believe that this is the underlying argument of Collins...not to undo HERA as a whole, but to undo the NWS due to a violation of the separation of powers.