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Well-known member
Michael Connelly, Ret. Constitutional Attorney
Well, I have done it! I have read the entire text of: 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, to 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 to protection against unreasonable
searches and seizures. A direct violation of the specific provisions of the 4th
Amendment to the Constitution. 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 of 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
Well, I have done it! I have read the entire text of: 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, to 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 to protection against unreasonable
searches and seizures. A direct violation of the specific provisions of the 4th
Amendment to the Constitution. 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 of 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
