Share on Google Plus Share on Twitter Share on Facebook Share on LinkedIn Share on PInterest Share on Fark! Share on Reddit Share on StumbleUpon Tell A Friend 10 (10 Shares)  
Printer Friendly Page Save As Favorite View Favorites View Stats   No comments

OpEdNews Op Eds

Replying to "FROM A CONSTITUTIONAL LAWYER" email

By (about the author)     Permalink       (Page 1 of 3 pages)
Related Topic(s): ; , Add Tags Add to My Group(s)

Must Read 1   News 1   Valuable 1  
View Ratings | Rate It

opednews.com

Become a Fan
  (2 fans)
- Advertisement -

If you are like me, you get emails from well-meaning conservative relatives and friends that are similar to the one below. We have a duty to respond to these emails in a civil manner.

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 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 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.

- Advertisement -


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.html
There you can see exactly what we are about to have taken from us.

Michael Connelly
Retired attorney,
Constitutional Law Instructor
Carrollton, Texas

MY RESPONSE:

Aunt _____,

- Advertisement -

You are a sweetheart and I love you dearly, but this is just untrue. I know there are a lot of people trying to scare everyone saying Obama is "socialist" and try to attach some evil agenda to him-- when the truth is that he and a lot of smart people recognize that healthcare in America has got to be fixed. We are the ONLY industrial nation that does not have a healthcare plan for their citizens. And that isn't the "socialized" countries. That is democratic countries, Denmark (their people are rated the happiest in the world), Germany, Spain, France (who's healthcare is rated #1 in the world), Britain, etc. These countries have never VOTED to "undo" their healthcare and the people that approve these programs are from the CONSERVATIVE party in their country.

If Obama was socialist he would do away with insurance companies, buy the hospitals, and force all doctors to work for the government. THAT is socialism. All Obama is doing is trying to reduce waste and provide a NON-PROFIT option.

Something drastic has to be done...our economy isn't sustainable with healthcare costing us 20% (Ed note: most estimates place healthcare spending at 16%) of our gross domestic product.

Next Page  1  |  2  |  3

 

I am just a person giving my opinion, although I have been accused of working for the Obama administration in voilation of the FTC (lol). I love reading differing views and trying to seek out the "needle" truth in the media "haystack". I'm (more...)
 

Share on Google Plus Submit to Twitter Add this Page to Facebook! Share on LinkedIn Pin It! Add this Page to Fark! Submit to Reddit Submit to Stumble Upon


Go To Commenting

The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.

Follow Me on Twitter

Contact Author Contact Editor View Authors' Articles
Related Topic(s): ; , Add Tags
- Advertisement -

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Replying to "FROM A CONSTITUTIONAL LAWYER" email

Mark Levine's Lie of the Day

Crouching Tiger - Hidden Dragon (Republicans and Democrats Respectively)

Obama's longtime doctor says healthcare reform plan falls short

Anti Big Government Tea Party Needs Economics 101.

Why are we always apologizing, and what are we apologizing for?

Comments

The time limit for entering new comments on this article has expired.

This limit can be removed. Our paid membership program is designed to give you many benefits, such as removing this time limit. To learn more, please click here.

Comments: Expand   Shrink   Hide  
No comments