- 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 the
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
AFTER HAVING READ THIS, PLEASE FORWARD....