Why would current legislation include reference to the long repealed Classification Act of 1923?
In particular, there is quite a hullaballoo on the internet about the new Ready Reserve Corps provided for in the new health care bill. It actually looks like a good and helpful provision, not something to be afraid of, etc... But, there is at least one provision I could find that is at odds with prior U.S. code in reference to the Reserve Corps. For some reason, the new code reads "compensation without regard to the Classification Act of 1923" rather than reflecting the old, and much more normally used language which basically references the Classification of 1949 as amended.
NO idea on that one - sorry i can't help ya (you asked me to answer the question).
All i can say is that the health care bill IS unconstitutional. Article 1 sections 8-10, in combination with the 10th amendment clearly make it unconstitutional.
But, maybe, Evan you could look into some time? You seem to have a good grasp of reading law, etc.. This particular part of the health care bill, has always been part of Title 42, it's not a new addition, but rather an amendment establishing this Ready Reserve within the existing Commissioned Corps of the Surgeon General's office. It's THE basis for rumor/belief that a Presidential Army has effectively been put in place via the health care bill.
It's this peculiar use of harking back to a long dead and repealed 1923 act that addressed federal employee compensation, that is just plain odd, the only signicant change I could see. Prior to this change, it read in regard to the Reserve Corps (which the Ready Reserve replaces) "compensated without regard to chapter 51 and subchapter III of chapter 53 of title 5."
You can find the new language at
SEC. 5210. ESTABLISHING A READY RESERVE CORPS. Section 203 of the Public Health Service Act (42 U.S.C. 204) LINK:
http://democrats.senate.gov/reform/pati … passed.pdf
And the old language at: http://uscode.house.gov/download/pls/Title_42.txt
Just thought I'd ask again, just in case you might think about looking into this. I've got a link to the old Classificaton Act of 1923 as well, it is here: http://www.famguardian.org/TaxFreedom/H … at1988.pdf
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