Thursday, September 10, 2009

Health Care Reform. Is this what we want?

I just received this in an Email. This is where Obama wants to take our country.

From Michael Connelly - Retired attorney,
Constitutional Law
Instructor
Carrollton, Texas



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 "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.

Here is a link to the Constitution:

http://www.archives.gov/exhibits/charters/constitution_transcript.htm


And another to the Bill of Rights:

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html


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

Michael Connelly

Retired attorney,

Constitutional Law Instructor

Carrollton, Texas

1 comment:

  1. You know, I get lots of ignorant emails. I usually ignore them.

    Do you also think you're going to get rich from that Nigerian prince? I'm just curious.

    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 weight of the stupid in this email alone is enough to slow down the entire internet. But I think it's encompassed in that one paragraph.

    First, healthcare reform is designed to stop the rationing of healthcare that already exists. Insurers won't be able to deny coverage because of preexisting conditions, or cancel your coverage because you're sick. Which is what they do now.

    free health care for illegal immigrants

    Let’s be clear on this. Illegal immigrants are already covered when they go into an emergency room. They have to be – it’s a basic fact: emergency rooms cannot turn away anyone. This has already been decided by the courts. So your argument is more than a little ridiculous.

    Face it: the healthcare reform bill doesn’t guarantee care to illegal aliens. But it’s not going to deny anyone emergency care. That’s the way it is now, that’s the way it’s going to be in the future, whether we have healthcare reform or not.

    free abortion services, and probably forced participation in abortions

    Where? Name one sentence in the entire bill that even suggests that. Blatant lie.

    The closest to an argument in favor of all this is that usual fallback of the GOP, the logical fallacy: "it isn't denied by the bill, therefore it must be mandatory."

    Please, get a spam filter. And a clue.

    ReplyDelete