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September 26, 2009

Replying to "FROM A CONSTITUTIONAL LAWYER" email

By Tracy Goode

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.

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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.

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 _____,

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.

Healthcare in other countries isn't perfect...they have their complaints...but healthcare here in the richest country in the world is downright deplorable. There are too many people (like me) that can't afford healthcare and don't qualify for Medicaid and are too young for Medicare. Health insurance is a huge monopoly of FOR-PROFIT companies that make BILLIONS in profits by denying care.

Medicaid and even Social Security programs were initially VILIFIED as “SOCIALIST” when they were created, too –AND YET NO ONE WANTS TO “UNDO” THOSE SOCIALIST PROGRAMS. Ronald Reagan said that if we passed Medicare for seniors we would one day, “wake up and not recognize America”. That was said about Medicare!!

The insurance companies pay people to deny claims, let people that have insurance and pay their premiums DIE when they do get sick so they can make unbelievable profits. The people that are “happy” with their healthcare are more likely the ones who haven't had to use it except for checkups or minor problems.

I have a friend who works for an insurance company. One of my best friend for 18 YEARS –and she is one of the people that has to find reasons to DENY COVERAGE to people or explain why this or that wasn't covered.

You need to watch the PBS special “Sick Around America” or the movie “Sicko” which examines the healthcare industry in America. Both are very eye-opening.

There are a lot of people fighting for Obama's plans...and they aren't “socialists” – they are realists who have studied the problem and the issues and don't listen to the “scary Obama is trying to take over government” propaganda.

Most of the politicians fighting this have had HUGE (millions upon millions) of dollars contributed to their campaigns by INSURANCE COMPANIES so that they represent them instead of the people.

The only problem with the healthcare plans on the table now is that they don't do enough, and they won't change a thing if there isn't a public option to provide competition and lower costs.

The Public Option is the Key to Reform!

There are thousands upon thousands of people that support the Public Option and are even mad that Obama would consider a healthcare reform package without it. You won't see that on FOX News...all they show is the opposition, imply that everyone in the Whitehouse has ulterior motives and are just plain evil...oh, I mean all the Democrats and all of Obama's staff. What nonsense. I mean really, think about it...Democrats want to “ruin” America? We are all Americans. We have differing views on policies, but to trying to denigrate people because they are a different political party is just terrible.

And just a thought...if we hadn't invaded Iraq, without any provocation, and without them having ANYTHING to do with 9/11...we would have FOUR (4) TRILLION DOLLARS IN OUR BUDGET that could go toward covering every single American with healthcare. The ARMY, NAVY, MARINES, and AIR FORCE are wonderful branches of government, and I love what they do for our country and that they fight for our freedoms and the freedoms of others...but they are GOVERNMENT RUN, TAX PAYER FUNDED, AND THEREFORE “SOCIALIST” PROGRAMS.

If we can pay for war...especially a war we should have never started...we should be able to pay for providing healthcare as a right of every citizen...with everyone sharing in the responsibility.

Michael Connelly (the CONSTITUTIONAL LAWYER) states that he actually read the bill, and then proceeds to name a bunch of things that it will definitely do, but offers absolutely no evidence. None. He simply states them so matter-of-factly and all of his page commenters eat it up like ambrosia. The things he mentions have been debunked many times. He doesn't even cite where the information is located in the bill on this "definitely will do" list. He then argues, as a constitutional lawyer, that the bill is unconstitutional because the Constitution doesn't mention healthcare. Here we go again. I guess he forgot about the part where it says "promote the general welfare". Is he also going to argue that Medicare and Social Security are unconstitutional? What about the VA? GI Bill? Should I keep going?

btw...

Here is what the non-partisan website “FactCheck.org” says about the Healthcare plans.

You can also go here to see this on their website and look at other things they have Fact Checked.

http://www.factcheck.org/2009/08/twenty-six-lies-about-hr-3200/



Authors Bio:
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 disgusted by media outlets like Fox News and media personalities such as Rush Limbaugh - who distort the news to promote their agenda. I'm thankful for progressive thinkers and media outlets that are available to educate and promote free thinking. I love my God, my country, my freedom, my children, my life and my liberty.

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