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In answering that question we must, if "fairly possible, " construe the provision to be a tax rather than a mandate-with-penalty, since that would render it constitutional rather than unconstitutional (ut res magis valeat quam pereat).
WSJ: ObamaCare and the Power to Tax
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The Administration's hunt for a deus ex machina has become all the more intense in the wake of ridicule heaped on recently revealed efforts by Administration lawyers to reinterpret the Treaty in such a way as to construe the start of construction on a new radar on Shemya Island to be compatible with an accord that clearly prohibits such activity.
CENTERFORSECURITYPOLICY: Center For Security Policy
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But to use this an antecedent to his questions, it would put him in a position if the president admitted shaking hands with someone, then under this truncated deposition, or definition, he could say or somehow construe that to mean that that involved some sort of sexual relations.
CNN