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OBAMACARE 5.0

February 23, 2010

After much anticipation, at least by the so-called mainstream media, the White House has released the new and improved version of Obamacare. Since I have already had to read two previous versions of these monstrosities in the House and two more in the Senate, I call this version Obamacare 5.0 and it is actually an easy read. It is not hundreds or thousands of pages long and it doesn’t take long for people to realize that it really changes very little. 

It must be remembered that this is not a Congressional Bill, but simply the President’s proposal to make the bill more palatable to the American public and even some members of Congress who have grown increasingly more concerned about the implications that these proposals have for freedom in this country. In that regard the proposal fails miserably. Despite the use of smoke and mirrors to hide what is really going on with the proposal and the spin that is put on it by the Whitehouse to make it sound like Obama is the smartest man in the world and has found a solution to the problems that couldn’t be resolved by the 535 members of the House and Senate the White House proposal is basically Senate Bill 3590 with a new hairstyle and thicker makeup. This is all an attempt to hide the fact that the bill is still blatantly unconstitutional.

The proposal leaves intact the mandatory provisions of the Senate bill that require every resident of the United States to buy health insurance and to further only buy that insurance approved by the Federal government. Sections 1301-1302 of the Bill set forth the requirements that each approved plan shall have, leaving consumers with no choices about what is best for their needs. Sec 1501 requires that everyone have insurance and provides stiff penalties for failure to comply. In fact, under the President’s proposal the penalties get higher and progress eventually to 2.5% of a person’s income.  All of this exceeds the authority granted to Congress in Article 1 Section 8 of the Constitution and violates the 9th and 10th amendments that protect the rights of people and the states.

The Obama proposal also leaves intact the provisions under Section 3403 that establish an “Independent Medicare Advisory Board” that will oversee the severe cuts in Medicare and the services provided to seniors. In other words, the Executive Branch of government will ration healthcare for the elderly while at the same time controlling how much everyone else pays for health insurance and what treatments they can be provided with.

Obamacare 5.0 doesn’t eliminate any of the massive tax increases already in the Senate Bill. It plays games by delaying some of them for a short time or changing the name of the fee or tax. For example, the proposal calls for changing the fee to be charged on all medical devices to an excise tax that will raise the same amount for money. The stated purpose for that is to make it easier for the IRS to handle. (Doesn’t that make you feel better about this legislation?).

By the way, one of the new taxes established in the Senate Bill and left in under the Obama proposal is the “Indoor Tanning Service” tax. This is provided for in Sec. 10907 that amends the Internal Revenue Code to set up a 10% tax on the use by consumers of indoor tanning services. I can only conclude that this came about because of the frustration in Congress over the fact that they have not yet been able to find a way to tax the American people for enjoying the sunshine. Therefore they have gone to the next best thing, taxing tanning booths. I would love to hear someone try to explain what that has to do with health care reform.  

The Obama proposal delays the implementation of taxes on the so-called “Cadillac” health care plans in order to appease the labor unions but still will ultimately result in massive taxes on people who have good health care plans and place additional taxes on businesses that don’t provide government approved health care plans to their employees, even if both the business owners and employees are satisfied with what they have in place.

The plan also calls for increases in fees on brand named pharmaceuticals. It sets this increase to be administered by the IRS. Who will ultimately pay for these increases? The American taxpayers of course, and frankly I am losing count of all of the new taxes being imposed on our citizens under the health care proposals.

In addition, while the Senate and House versions of the bill add layer upon layer of new Federal bureaucracies to control our access to health care, this is apparently not enough for President Obama. He would add still another new bureaucratic agency called the Health Insurance Rate Authority to “provide Federal assistance and oversight to States in conducting reviews of unreasonable rate increases and other unfair practices of insurance plans.” The definition of oversight is obvious; it means Federal control of State regulations of insurance companies and is a clear violation of the 10th Amendment to the Constitution.

So, what is the bottom line of Obamacare 5.0? It places control of our personal health care decisions in the hands of unnamed Federal Bureaucrats who care nothing about us or our individual needs. It provides instant access for these same bureaucrats to see or medical and financial information, it massively increases our taxes and ultimately our insurance premiums, and it reduces our access to the health care that we need. It takes away our choices and our personal freedoms and it increases the Federal deficit that will eventually land on the backs of our children and grandchildren.

I believe that the Obama proposal is in fact a ruse. It is designed to lure us into believing that the health care bill is actually about affordable health care when it is really about taking control of our lives and limiting our freedoms. It is a cover for the fact that the Senate will try to pass this bill as a “budget reconciliation act” that will only require a simple majority in the Senate instead of the usual 60 votes. We must act now to let our representatives in the House and Senate know that we are not buying into these deceptions and that they will pay a price in November at the polls if this is forced on us.

If it passes, this legislation will be challenged in the courts. I am currently working with the U.S. Justice Foundation that is preparing to file a lawsuit to challenge the Constitutionality of the legislation if it is adopted. We will not go down without putting up one heck of a fight for our freedom as Americans.

Thank you again for helping us to understand the issue and the threat to our privacy, finances, freedom and well-being. Could you comment on and clarify how Obama's proposal affects payments or subsidies for abortions?

THANK YOU, AGAIN, SO MUCH.

May God bless you GREATLY as you carry forward the Fight for the People. Without men like you, we would only be like sheep, harrassed and helpless. You are real heroes, saving this nation from the worst of its enemies.

Thank you for continuing to survey, digest and spit out the unconstitutional acts being considered by Congress. "We the People" need to stand vigilant against those who were elected by us and took an oath to protect our Constitution, but keep passing legislation that chips away the liberties guaranteed all US citizens. 2010 is our chance to send a clear message to Congress that we will not be sheep being lead to the slaughter of totalitarianism.

Thank you for taking the time to read thru this garbage and report its true meaning and real intentions. The American people finally realize that this is not an attempt to fix the skyrocketing costs of healthcare but an effort to hijack and nationalize one-sixth of our free market economy in order to propagate their Progressive agenda. Their efforts must be stopped. Keep up the fight.

Melanie, it funds abortion because every reference that the bill or Obama make referencing "Community Health Care Centers" are simply hidden references to Planned Parenthood. His bill allocates billions to Planned Parenthood. Note that Obama has, by executive order, already repealed Bush's executive order banning abortion funding to other countries.

I do not fear Obamacare 5.0. I look forward to joining the class action to challenge its constitutionality in Federal court.

Thanks for posting this on resistnet. I printed it for points to make in letters to the editor. Also thank you for your efforts with the U.S. Justice Foundation. Hopefully it won't get to that but it's good to know a backup plan is being prepared.

Hi Melanie:
The Obama proposal does nothing to alter the language in the Senate Bill. That language is very vague an opens the door for eventual federal funding of abortions.

Hi Michael. Still trying to get a legislator in California to take on the challenge of nullification legislation and state sovereignty resolution, but no response yet. Good luck with the USJF. I'm also hoping to get various tea party groups in California to pursue the recall route.

Michael:
While totally ignorant of the protocols/jurisdictions/etc involved in your planned action, if you need "plaintiffs", let me know.

Rene:
I live in Sacramento. If there is anything I can do to assist let me know.

Terry

Thank you!! Reading blogs like yours tells me there is still hope, there is still sane people out there who will have nothing to do with this administrations insane, unAmerican, Communist tactics! Again I say Thank You!! Vicki
P.S. If you need "plaintiffs" I live in Colorado

Excellent! I enjoy your thorough covering of this issue and others.

Hello,
Your fight sounds worthy. But to fight them in court is a lost cause Sir. My point, has any court in the land been able to force Mr. Obama to produce a real birth certificate? Has any court in the land been able to do anything to call what they are doing unconstitutional? The courts are not going to hear any of it, mark my words. They will say you don't have a standing.
p.s. I'm willing to be a plaintiff if you think it will help. Numbers do speak volumes.
Semper FI
Hap Smith Jr.
U.S.Marine Corps (retired)

Article I, Section 8, paragraph 1 and Section 9 regarding taxation seem to me to prohibit the proposed taxation consequences for the failure of individuals to purchase or employers to provide insurance, as I read them. Also, the fifth amendment says that private property cannot be "taken for public use, without just compensation. I haven't read all of the arguments against the proposed laws, but I haven't seen these and they may add to legal arguements in case of suits. Also, a historical search to see if there is any precedent for any level of government to require any private citizen to purchase any product available only in the private sector is needed. I can't think of any, but am neither a lawyer nor a historian.

Michael; you are a great American! Keep up the good fight. Best regards, Al

I can't tell you how much it means to those of us who see the threat that you are willing to stand up. If you need help, let me know! I'll stand with you against this monstrosity.

Thank you so much for being a voice of reason and putting everything in terms I can understand. I would really like to be able to link your blogs to FB so I can share this with some people that could use a little enlightenment. It would be nice if you had a share link. This is my first visit to your site, but it won't be the last.

I hope there are lawsuits filed by multiple organizations to stop this law in its tracks. The TEA Partiers and conservatives are working to get conservative candidates elected to fight things like this in the future and know the job won't be over until 2014 when Al Franken can be replaced (I'm from MN; please note MN also claims Michelle Bachmann!).

Thank you!!! I wish I had money to send for the cause but I'm afraid I am one that will simply not be able to go to the doctor if this passes for fear of getting fined.
Thanks again! Keep up the good work.

Michael, have you considered going for discovery of whether Obama himself is constitutional? NO legislation by a usurper can remain law. Constitutional lawyer Edwin Vieira made that clear.

Do you ever read at Orly Taitz's site? It's the 3 w's followed by orlytaitzesq dot com . If you turn OFF your Java and JavaScript first, no hacker of her site can redirect you to another site (which they do regularly).

Orly has filed a suit against the DC monstrosity AND is including her complaints re Obama. I'm not certain; she may be joining with the 14 state AGs that are also filing suit. A couple postings at her site suggest that, but being no lawyer I'm not sure how to decipher them.

If you can depose the Resident, you will simultaneously render ALL his 'executive orders', bills, etc. null and void.

Thank you immensely for your patriotism and labors.

JUST A COUPLE OF POINTS TO PONDER. I AM
AGAINST ABORTION IN ALMOST ALL INCIDENTS.
HOWEVER, I WOULD HAVE GLADLY MADE AN EXCEPTION FOR THE OBAMA MAMA. THAT WAY
HUSSEIN WOULD HAVE ENTERED THIS WORLD WITH A COAT HANGER NOT A SILVER SPOON IN HIS LYING MOUTH. ALSO, THERE CAN'T BE ANY
TYPE OF HEALTH CARE REFORM WITHOUT TORT
REFORM. OBAMACARE IS A SHAM THAT WILL DEVASTATE THE WHOLE INDUSTRY. IF YOU THIINK
IT'S BAD NOW, JUST WAIT !!

IN GOD WE TRUST. AS FOR THE REST , I REMAIN
SKEPTICAL.

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Great article. Keep writing and shower your readers with such useful information. Keep it Up!!!

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