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lundbaek


Profuse Pontificator

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

(I think, coming from a constitutional lawyer and being well reasoned, make this article more than just opinion from somebody steamed over the treason and stupidity in Congress.)

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 by the government. However, as scary as all of that is, 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 direct violation of the specific provisions of the 4th Amendment to the Constitution information, your personal financial information, and the information of your employer, physician, and hospital. All of this is a 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, the US Constitution, and 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


-- Edited by lundbaek on Monday 21st of December 2009 05:56:14 PM

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lundbaek


Profuse Pontificator

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From the Deseret News editorial page today:
Published: Thursday, Dec. 24, 2009 12:15 a.m. MST


"The LDS Church teaches that the Constitution and the Bill of Rights are inspired documents.   President Heber J. Grant in 1936 clearly outlined in a talk the "evils of the dole" and the welfare state and the virtues of hard work, independence, industry, thrift and self respect.

"How ironic, that the point man for the largest takeover of the free enterprise system in U.S. history and collectivist power grab is Harry Reid, a Mormon."


Art J. VanTielen
Murray


Excerpt from the Washington Examiner:

Looks like the steadily growing list of constitutional, ethical and political outrages that constitute the Harry Reid version of Obamacare is sparking a rebellion in the states, as AP reports South Carolina's attorney general plans to investigate the vote-buying that surrounded the proposal in the Senate majority leader's office.

According to AP, South Carolina's Henry McMaster is being joined by the attorneys general of Michigan and Washington state in a suit to determine the constitutionality of the Obamacare proposal. Their initiative was prompted by a request from South Carolina's two senators, Lindsay Graham and Jim DeMint, both Republicans.

Attorneys-general in at least four other states are also considering joining McMasters, according to AP. A move by a group of states to challenge the constitutionality of Obamacare could reinvigorate the efficacy of the 10th Amendment, which reserves to the states or the people all rights not specifically granted to the federal government.


Here is the original article:

Obamacare Sparking 10th Amendment Rebellion, Action in 10 States
http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/Obamacare-sparking-10th-Amendment-rebellion-79937187.html

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Pt314


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It's not over yet, both the House and Senate must agree on the same bill. They can't ram it through a conference because some of the senate republicans just objected to the seating of conferees.

The far left in the house hate the senate bill because it doesn't have a "public option". It would be classic if this falls apart because the democrats weren't unified enough.

However, the left has been using incrementalism to push their policies for a hundred years. The far left may be making a fuss, but vote for whatever they get anyway.

If this does get to the president to get signed, there will be many, including myself who will participate in civil disobedience. This is not just unconstitutional, it's anti-constitutional. Utah's AG is joining in on that suit that you mentioned.


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Fregramis


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Is there even an online text I could read of this bill?


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