Fw: After reading the whole health care bill....

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This is definitely worth the read.


Subject: After reading the whole health care bill....

We probably have been guilty of thinking it was just about healthcare. When you read this you will find that is really not the case. It is about much, much more. Hopefully you will take the time to read it because you are sure not going to find out about it from the major newspapers and television stations.

The Truth About the Health Care Bills - Michael Connelly, Ret. Constitutional Attorney 08.24.09

Well, I have done it! I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009. I studied it with particular emphasis from my area of expertise, constitutional law. I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected.

To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying. The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession.

The Bill will also eventually force private insurance companies out of business and put everyone into a government run system. All decisions about personal health care will ultimately be made by federal bureaucrats and most of them will not be health care professionals. Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled.

However, as scary as all of that it, it just scratches the surface. In fact, I have concluded that this legislation really has no intention of providing affordable health care choices. Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated. If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.

The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government. The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people and the businesses they own. The irony is that the Congress doesn?t have any authority to legislate in most of those areas to begin with. I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.

This legislation also provides for access by the appointees of the Obama administration of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and hospital. All of this is a direct violation of the specific provisions of the 4th Amendment to the Constitution protecting against unreasonable searches and seizures. You can also forget about the right to privacy. That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide.

If you decide not to have healthcare insurance or if you have private insurance that is not deemed ´acceptable¡ to the ´Health Choices Administrator¡ appointed by Obama there will be a tax imposed on you. It is called a ´tax' instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn?t work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the ´due process of law.

So, there are three of those pesky amendments that the far left hate so much out the original ten in the Bill of Rights that are effectively nullified by this law. It doesn?t stop there though. The 9th Amendment that provides: ´The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;¡ The 10th Amendment states: ´The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people.¡ Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.

I could write many more pages about this legislation, but I think you get the idea. This is not about health care; it is about seizing power and limiting rights. Article 6 of the Constitution requires the members of both houses of Congress to ´be bound by oath or affirmation¡ to support the Constitution. If I was a member of Congress I would not be able to vote for this legislation or anything like it without feeling I was violating that sacred oath or affirmation. If I voted for it anyway I would hope the American people would hold me accountable.

For those who might doubt the nature of this threat I suggest they consult the source.

Here is a link to the Constitution:

And another to the Bill of Rights:

There you can see exactly what we are about to have taken from us.

Michael Connelly

Retired attorney,

Constitutional Law Instructor

Carrollton , Texas

5 comments:

gruaud said...

So I surfed over to Connely's blog (rant after rant about health care reform) and I think this comment sums it up beautifully:

"If your goal truly is to better inform the public, it would be helpful if you cited the actual sections of the bill that you are using to draw your conclusions.
You comments about the 3rd and 4th Amendments seem a bit seems a bit dubious. First of all, I'm not sure how the 3rd Amendment (protection against forced quartering of soldiers) comes into play.

More importantly, the suggestion that this legislation grants the federal government access to your records is a bit off. They already have that access thanks to a whole host security and law enforcement legislation (like the Patriot Act) enacted over the past 20 years."

Naturally, Connelly had no answer.

Anonymous said...

Oh, be quiet "gruaud".

Nobody but a terrist-sypathizin' librul egghead actually knows what the frackin' 3rd Amendment covers.

If you can come up with a reference to "quartering" that fast, you have an unhealthy obsession wiht things like facts and history.

Why do you hate America?!

Daft Greg said...

"I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care."

Maybe that's because sawing off an infected limb was the extent of health care in the 18th century.

Anonymous said...

When the Shrub used the constitution as toilet paper, these same morans cheered and were happy.

I'm not really getting how the constitution has that much to do with regulating Big Insurance, frankly. Like the religious zealots these jerks are (apologies to those of faith who aren't nuts), they invoke the Bible when it suits them & ignore it when they don't want to follow its teachings.

Same w/the constitution - yet another "sacred" screed to shove down our throats when they want to bully their own way, but then ignore it when they want to blatantly break the law.

Feh. More hot air signifying what a bunch of dopes they all are... all 20,000 or so who gathered on the mall today in honor of... uh, hmmm displaying how they can be giant assholes in public places.

Anonymous said...

I support health care reform, but I do think they need to be mindful of constitutional challenges (real ones, not half-cocked nonsesne like this bozo). For instance, I wonder about the constitutionality of the personal mandate. People compare it to car insurrance, but you can opt our of the system by not driving. Can't opt out of the health care mandate unless you die. What if you're a faith healer? Is the personal mandate infringing on your freedom of religion?

Plus, there is potentially a 10th amendmnet issue. Car insurance laws (to continue that analogy) are state laws. There's armloads of case law on this stuff, and I'm assuming some very smart people are locking at this, but we can't just laugh the issue off because this one guy is a nut.

 
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