The following comment is from Michael Connelly of Carrollton , Texas ,
a
retired attorney and constitutional law instructor who states he has
read the entire health care bill and has
some comments, not about the bill,
but about the impact upon our Constitution. It's a broader picture than
just health care reform.
Looks like something to sit up and pay attention to; once this sort of
thing
happens, it will be irreversible.
THE TRUTH ABOUT THE HEALTHCARE BILLS
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 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:
http://www.archives.gov/exhibits/charters/constitution_transcript...html
<http://www.archives.gov/exhibits/charters/constitution_transcript...html
There you can see exactly what we are about to have taken from us.
Michael Connelly
Retired attorney,
Constitutional Law Instructor
Carrollton , Texas
Click here for Michael Connelly's web site.