ONE LAWYERS OPINION
The blog will concentrate my concerns as a retired attorney about the imminent and growing threats to our Constituton and our form of government. We have reason to be very afraid of what is happening.
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 "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 9thAmendment 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
And another to the Bill of Rights: http://www.archives.gov/exhibits/charters/bill_of_rights_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
 | Posted by: rob_92183 on August 30, 2009 8:40PM CST Have you ever talked with a lefty? The government is a source of COMFORT! They could never possibly want to remove your rights for a BAD reason, the government only does GOOD things! Clearly it's just another rich lawyer that won't profit if the system changes. And he's probably racist, too! Why won't you just see that true Americans WANT this? Look where BUSH left us, we NEED this. /sarcasm Lenin called them useful idiots for a reason. Liberals still can't figure out you cannot have liberty and equality. It's forced slavery at it's worst. |
 | Posted by: DobberDeeDee on August 30, 2009 10:45PM CST I personally think that HR3200 is dead. We can't afford it. Too many people caught on before they had a chance to pass it and catch us unawares. At least, that is what I hope and pray. |
 | Posted by: Edge Distance on August 31, 2009 10:35PM CST rob, What can I say? You are correct. DDD, It could still happen. Rumbling's say that the Dems are willing to take a hit in 2010, to cram healthcare down our throats. They have the votes. |
| | Posted by: Edge Distance on August 31, 2009 10:49PM CST MC, Thanks! The links are great!!!!! I have spread them out!!!!!!! |
 | Posted by: Tookie on September 1, 2009 7:04AM CST Helloooo government we see you, do they think they are slick or what? They are consolidating thier power, This is what dictators do. Then they quiet disent, and get military in the streets and take your guns. and then what? All these nitwits have right now is pieces of paper, and what, like 10 people who believe them anymore? Honestly what difference does it make if they do not believe in the constitution?, We the people do. And we got the population on our side, and nice little fema camps all set up for perps of 'Crimes against the American people." The only way we could loose is if we don't enforce our laws on them while we can. or sick the army on them. That reminds me They could do a show on tv just about corrupt polititians, and video of them going to jail. I'd watch it! Well, until there were only lawabiding citizens in government. I'm praying too. |
No comments:
Post a Comment