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A Constitutional Lawyer comments on Health Care Bill

Faster horses

Well-known member
Constitutional Lawyer

*Michael Connelly (http://michaelconnelly.viviticom/ ) is a
Constitutional Lawyer and has read the entire health care bill and has
some comments, not about the bill, but about the effects on our
Constitution. It's a broader picture than just health care reform..

All of you and those to whom you communicate had better sit up and pay
attention, Once this sort of thing happens, it will be irreversible..

======================================

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 of 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 10thAmendment 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:http://www.archives.gov/exhibits/charters/constitution_trans
cript.html

And another to the Bill of
Rights: http://www.archives.gov/exhibits/charters/bill_of_rights_transcri
pt.html

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

Michael Connelly

Retired attorney,

Constitutional Law Instructor

Carrollton , Texas




--------------------------------------------------------------------------------
 
A

Anonymous

Guest
Faster horses said:
Constitutional Lawyer

*Michael Connelly (http://michaelconnelly.viviticom/ ) is a
Constitutional Lawyer and has read the entire health care bill and has
some comments, not about the bill, but about the effects on our
Constitution. It's a broader picture than just health care reform..

All of you and those to whom you communicate had better sit up and pay
attention, Once this sort of thing happens, it will be irreversible..

======================================

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 of 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 10thAmendment 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:http://www.archives.gov/exhibits/charters/constitution_trans
cript.html

And another to the Bill of
Rights: http://www.archives.gov/exhibits/charters/bill_of_rights_transcri
pt.html

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

Michael Connelly

Retired attorney,

Constitutional Law Instructor

Carrollton , Texas




--------------------------------------------------------------------------------

It must be true because not one stinking liberal is denying it.
 
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