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Re: FFFacts post# 631090

Monday, 09/07/2020 11:37:02 AM

Monday, September 07, 2020 11:37:02 AM

Post# of 794341
"Even in the absence of a severability clause, the “traditional” rule is that “the un-constitutional provision must be severed unless the statute
created in its absence is legislation that Congress would not
have enacted.”

The fundamental problem with HERA is, unconstitutional interpretation of HERA by corrupt bureaucrats and validated by equally corrupt judges. HERA is replete with such unconstitutional interpretations.

Under US Constitution (SCOTUS ruling), any Gov apparatus that exercises executive power can exist only under the direct supervision of POTUS with POTUS having constitutional authority to remove at will.

HERA is a law that created new Gov agency FHFA, not only as a independent executive agency but also an executive Gov agency that is independent of Congress and Judiciary.
This makes HERA fundamentally flawed law under US constitution. Judge Lamberth hinted at this in his first ruling.

If SCOTUS tries to remedy the constitutional flaws in HERA then HERA no longer meets the unconstitutional intentions of Congress. So it will be in the best interest of all if SCOTUS abolishes HERA and restores the previous HUD/OFHEO.