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OBAMA'S HEALTH CARE PLAN IS UNCONSTITUTIONAL   Message List  
Reply | Forward Message #31553 of 31719 |
This will be the end of freedom as we know it.

Michael Connelly of Carrollton, Texas 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.

It's time we sit up and pay attention; once this sort of thing happens, it will
be irreversible. We have reason to be very afraid of what is happening.

THE TRUTH ABOUT THE HEALTH CARE 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
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 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

http://michaelconnelly.viviti.com/






Fri Sep 25, 2009 2:17 am

alanv15
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This will be the end of freedom as we know it. Michael Connelly of Carrollton, Texas is a Constitutional lawyer and has read the entire health care bill and...
alanv15
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Oct 6, 2009
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