National Health Care Bill
Greegor
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 USConstitution, 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