Tuesday, September 22, 2009

"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 experience, constitutional law. I was frankly concerned that parts of the proposed law that were being discussed in the media 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 forced participation in abortions by members of the medical profession under threat of license loss is most likely.

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 healthcare professionals. Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled to "save costs"

However, as alarming as all of this is, it just scratches the surface. In fact, I have concluded that this legislation really has no intention of providing affordable healthcare choices. Instead, it is a most deceitful excuse and a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated by most politicians.
If this law or a similar one is adopted, major portions of the Constitution of the United States will have effectively 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 complete 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 really have any Constitutional 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 personal healthcare. The debate about expanding free healthcare and "cost savings" is a clever smoke screen to distract Americans from the seriously important issue:
Illegal transfer of power.

This legislation also provides for access by the appointees (czars) 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 Czar" appointed by Obama, there will be a heavy 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. Further, there is nothing in the law that permits an appeal of the tax. It is definitely depriving citizens of their property without the "due process" of law. The loss of these fundamental rights now belonging to American citizens results in oppressive dictatorships.

So, there are three of those pesky Constitutional Amendments that the "far left Liberals" hate so much out of the original ten Bill of Rights, which will be 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 unconstitutional piece of Congressional handiwork neither the people, nor the States, are going to retain any rights or powers at all, in many areas that once were theirs to control. Individuals will retain very few Constitutional Rights, which the Founding Fathers declared to be God-given. The Federal Government is now claiming ALL rights and will distribute them any way politicians and bureaucrats choose.
The people will have no meaningful "choice" in anything.

Congress and Obama are fundamentally reversing the principle that the people are only loaning some powers to the national government
such as providing for the national defense and negotiating treaties with foreign governments. The powers of self-determination and representative government are being taken from the people and "redistributed" in the form of socialism, fascism, communism, and the rest of the "isms" that avoid all meaningful accountability of political leaders to their people. Of course, they will call it being "progressive" or anything except what it really is.

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 absolute power and limiting citizen 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". Few of our politicians appear to value any moral obligations, commitments, or oaths. They only kneel at the "alter of reelection" and will promise or do anything to remain in power. They are motivated by narrow special interests that provide most of their campaign financing.

If I were a member of Congress, I would not be able to vote in good conscience for this healthcare legislation, or anything like it, without realizing that I was violating that sacred oath or affirmation. If I voted for it anyway, I would hope the American people would hold me accountable in the next general election, for violating my oath to support the United States Constitution....................... free of all deceit or reservation.

For those who might doubt the serious nature of this threat to America, I suggest that they consult the following sources and study for yourself.
Link to the Constitution:
http://www.archives.gov/exhibits/charters/constitution_transcript.html

Link to the Bill of Rights:
http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

Michael Connelly
Retired Attorney and Constitutional Law Professor
Carrollton, Texas
______________________________________________________________________________________________________


There, you can see exactly what freedoms and liberty we are about to have stolen from us by a treasoness Congress and irresponsible, illegal, unelected, and unrepresentative appointees/czars/bureaucrats. This is a preemptive strike at the very Constitutional heart of America. It's the Obama Audacity of Evil....................and loss of hope for America.

President Obama has said on video-tape that when the healthcare bill is passed and signed............HE will own it and
HE will run it !!!

He will also own his DRASTICALLY changed version of the United States Constitution. Is that the "change" he lied about, and failed to define to the American people, for his personal and absolute power-seeking reasons ?

He is proving every day that he is NOT interested, nor believe, in Constitutional power-sharing among the three branches of government: Legislative, Judicial, and Executive. He undermines and discredits the U.S. Constitution as "unnecessary" in the 21st Century. Bi-partisanship is just another buzz word.

He DOES believe in turning on the television charm and selling us snake oil : OBAMA HEALTHCARE !

Is your personal financial economy getting stimulated, yet ?
Which "community organizers" are now getting your tax dollars ? You will never know.

Perhaps, you may need the choice of OBAMA ENEMACARE.
"Doctor" Obama has the cure for everything that ails you. Just ask him.

[Read and understand your Constitution, America, before it's too late. Clean out Congress next year.]
J. S. W.

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