Guest Posted June 9, 2012 Posted June 9, 2012 by Michael Connelly 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 healthcare 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 healthcare 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 [and later bureaucratic agencies] authority in a number of areas over the lives of the American people, and the businesses they own and operate. 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 healthcare. This legislation also provides for access, by the appointees of the Obama administration, of all of your personal healthcare recorrds, 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 since there is nothing in the law that allows you to contest or appeal the imposition of the tax which definitely deprives someone of property without the due process of law. So, there are three of those pesky amendments that the far left hates so much, out the original ten in the Bill of Rights, that are effectively nullified by this law. It doesn’t stop there. The 9th Amendment 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 offers additional protections: “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 called “Healthcare,” neither the people nor the states are going to have any rights or powers 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 healthcare; 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 you consult the source, the US Constitution and its attendant Bill of Rights. There you can see exactly what we are about to have taken from us. Michael Connelly Retired attorney and Constitutional Law Instructor Carrollton, Texas http://godfatherpolitics.com/5579/the-tr.../#ixzz1xKnCrrMT Quote
Woody Posted June 19, 2012 Posted June 19, 2012 I didn't know Obama would allow anyone to actually read it. He wanted to make sure that no one would read it before voting. Quote May we be one so that the world may be won. Christian from the cradle to the grave I believe in Hematology.
OzarkWoman Posted June 19, 2012 Posted June 19, 2012 by Michael ConnellyThis is not about healthcare; it is about seizing power and limiting rights. There are many of us who aren't lawyers of any kind that knew this because we know the constitution. The facts are that most modern legislation that comes from Congress is all about power and control of some kind. Quote
Members phkrause Posted June 19, 2012 Members Posted June 19, 2012 There are many of us who aren't lawyers of any kind that knew this because we know the constitution. The facts are that most modern legislation that comes from Congress is all about power and control of some kind. Its always been that way, haven't seen anything to change my mind in over 40 years! Quote phkrause When the righteous are in authority, the people rejoice; But when a wicked man rules, the people groan. Proverbs 29;2
Woody Posted June 20, 2012 Posted June 20, 2012 Quote: Its always been that way, haven't seen anything to change my mind in over 40 years! I believe it as Obama that campaigned on "change". But what have we seen? Quote May we be one so that the world may be won. Christian from the cradle to the grave I believe in Hematology.
bonnie Posted June 20, 2012 Posted June 20, 2012 Originally Posted By: OzarkWoman There are many of us who aren't lawyers of any kind that knew this because we know the constitution. The facts are that most modern legislation that comes from Congress is all about power and control of some kind. Its always been that way, haven't seen anything to change my mind in over 40 years! Thankfully more and more understand the escalation of walking over the constitution for political gain by Obama It will be interesting come Nov to see if the uneasiness over Obama is enough to turn the tide Quote Everything you do is based on the choices you make. It's not your parents, your past relationships, your job, the economy, the weather, an argument, or your age that is to blame. You and only you are responsible for every decision and choice you make, period ... ... Wish more people would realize this. Quotes by Susan Gottesman
OzarkWoman Posted June 20, 2012 Posted June 20, 2012 Originally Posted By: OzarkWoman There are many of us who aren't lawyers of any kind that knew this because we know the constitution. The facts are that most modern legislation that comes from Congress is all about power and control of some kind. Its always been that way, haven't seen anything to change my mind in over 40 years! Quote
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