Monday, January 24, 2011

Constitutional Law Instructor Critiques ObamaCare

A retired  Constitutional lawyer has read the  entire proposed healthcare bill. Read his  conclusions and pass this on as you wish. This  is stunning! 
Michael Connelly, Ret.  Constitutional  Attorney
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 

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