How the proposed health care violates the constitution
Subject: Fw: An Opinion Not Yet Widely Circulated....
Tough reading no matter what direction you come from.
From a Constitutional Lawyer
The following comment is from Michael Connelly of Carrollton , Texas , a
retired attorney and constitutional law instructor who states he has read
the entire health care bill and has some comments, not about the bill,
but about the impact upon our Constitution.. It's a broader picture
than just health care reform.
Looks like something to sit up and pay attention to; once this sort of
thing happens, it will be irreversible.
THE TRUTH ABOUT THE HEALTHCARE 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 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
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 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:
There you can see exactly what we are about to have taken from us.
Retired attorney, Constitutional Law Instructor, Carrollton , Texas
Michael Connelly is a retired attorney who is now a teacher, published
author, and freelance writer. As a former Military Intelligence officer
in the U.S. Army he is an avid student of American history including all
aspects of military history. His father 1LT Roy E. Connelly was an
officer in B Co. of the 87th CMB. He and his wife Kay reside in Dallas ,
Texas . They have six children including four sons who have all served or
are currently serving in the military.
As a young man he became an Eagle Scout and as an adult was a scoutmaster
for many years. All four of his sons are Eagle Scouts. Mr. Connelly is
also an officer in American Legion Post 597 in Carrollton , Texas .
Michael Connelly also teaches Evidence Law, Constitutional Law, and
Winning Strategy for the Courtroom via the Internet through colleges and
18 Michael Connelly September 8, 2009
Thanks to everyone for your comments and interest. Even when people
disagree with me I appreciate what they have to say if it is done in a
respectful manner. This nation was built on the right to disagree.
It is difficult to cite specific sections of HR 3200 for several reasons.
First, much of what I refer to as being done by the bill may not be in
just one particular section. Instead the preparers attempt to hide their
actual intent by spreading things throughout the bill in different
sections. Second, any specific section I refer to by number may change as
the Congress returns from recess and starts trying to rework the bill to
make it seem more reasonable to the American people. In other words, what
is contained in Section 1173A that provides for government electronic
access to private information may be renumbered and contain something
totally different tomorrow.
However, here are some of the most pertinent sections dealing with some
of the areas you are asking about. Section 113 gives the government
control over all health insurance, private and public. Section 141
authorizes the appointment of the Health Choices Administrator. He or she
will answer to no one other than the President. Sections 201 and 203 give
this person the power to decide what benefits you can get in your
insurance, whether public or private. This opens the door for health care
rationing. This is further mandated by Section 225 that gives the
administrator complete control over hospitals and doctors. It sets the
fees that can be charged and the services that can be provided.
If the Administrator decides you didn’t need to be hospitalized the
hospital can be fined for “breaking the government rules.” This also
opens the door for the Administrator to force hospitals and physicians to
perform abortions. All health procedures will mandated by the government.
There is also no provision for services to be provided only to citizens
or legal residents of the United States. This means that since illegal
aliens get the services now, they will continue to do so.
Here is a link to the entire bill and you can look up these and other
provisions: http://thomas.loc.gov/. I hope you find this helpful
I feel like "we the people" have absolutely no power, no say-so, nothing, nada over what's happening to our lives. These elected @$$holes sit up there playing fast and loose with our lives and our health.
In the meantime, I guess, the President and his family and Congress and their families will not be effected by any of this new wonderful healthcare they're pushing on us, the people, they are supposed to be serving.
I guess that "Yes We Can" is really "Yes They Can"...
Last edited by Bonnie; 10-16-2009 at 04:40 PM.
- Government deciding on my healthcare options.....regardless if they are good or not, if they decide, they can change it at anytime. In a capitalism economy, it would be alot harder for a private insurance company to change your options... don't like it, go to another one.
- While I agree some people need aid, the majority of people i have met that need it are the ones that are too lazy to work. Along those lines I think the welfare system is very corrupt and needs to be cleaned up to.
- I think we need the government to be involved on certain things, but the more they start getting involved on, the more we go away from being the greatest country in my eyes.(yep, I said greatest!)
OK, rant over.
I don't know why exactly but it just feels better being screwed by a private company or then it does being screwed by my government.
That's all it is.
They are both going to screw us would just prefer it be done by a private company.