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 implicatins is in fact
true, despite what the Democrats and the media are saying.
The law does provide for
rationingof 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 Constitutioninformation, 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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