Tuesday, December 1, 2009

Whats in a bill?

From Michael Connelly - Retired attorney, Constitutional Law


 Instructor, Carrollton , Texas

 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 health care 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 health care 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. 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

1 comment:

jason said...

thats unbelievable. oh wait, thats what we have been saying all along.

Sons & Daughters of Liberty

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property... Horrid mischief would ensue were the law-abiding deprived of the use of them." - Thomas Paine

Liberty link

Please visit The Liberty Sphere or any of the links to the right for updated posts on gun control and politics we should be aware of.

And please join the Sons and Daughters of Liberty list by following this blog. Click on the link at the top of this page to follow this blog.