The Truth About the Health Care Bills

August 12, 2009


            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 is, 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.html

            And another to the Bill of Rights: 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








Go Back

If your goal truly is to better inform the public, it would be helpful if you cited the actual sections of the bill that you are using to draw your conclusions.
You comments about the 3rd and 4th Amendments seem a bit seems a bit dubious. First of all, I'm not sure how the 3rd Amendment (protection against forced quartering of soldiers) comes into play.

More importantly, the suggestion that this legislation grants the federal government access to your records is a bit off. They already have that access thanks to a whole host security and law enforcement legislation (like the Patriot Act) enacted over the past 20 years.

Hello, Michael. Thanks for your time to read through the entire bill and for your comments and analyzations. I do have a question in regards to the possible passing of the health care reform legislation that I have yet to hear anyone address: Should Congress pass this piece of legislation, couldn't another Congress come in behind them and undo the legislation? To put it simply, if Congress passes this, can't Congress undo it? What would it take? Will the Supreme Court ultimately be called upon to hear whether or not this legislation is unconstitutional? One more question: since an individual has to have permission from the federal government to sue the federal government, how will that work with governmnet run health care? Will patients be able to sue these doctors for what will be most likely crappy practice since most of the exceptional and competent doctors will have most likely left or chosen not to enter the profession after this fiasco passes? Thank you very much.

Thank you for spending your time, Mr. Connelly, on behalf of the American people to analyze the Health Care Reform Bill. I have been saying for some time now that the objection coming from main-stream Americans is that it does indeed feel like a take-over ... control ... and a stripping of our freedoms.

It seems that is at the root of the objections at a core level.

Here is another huge concern.

Please, GOOGLE:

H1N1 and "Swine Flu Vaccine" and Squalene and "Cytokine Storm"

Also, see my YouTube page under recent activity videos and comments section pages for further information referencing articles and websites pertaining to the concerns over the H1N1 Swine Flu Vaccine ... and further pieces to the puzzle ... enjoy connecting the dots.

May God Bless You & Yours!

Hi Craig:
Thanks you for your comments and I will try to answer your questions. Unfortunately our Congress has a very poor record when it comes to reversing previous legislation, no matter how bad it is. Only during the years of the Reagan Administration and for a few years thereafter did Congress take steps to reverse the disasters of things like the Welfare system. In the case of the current health care proposals this could be very difficult. If Congress and the Obama administration succeed in destroying the private system of health care and insurance, which is clearly their goal, it may be virtually impossible to restore after a few years have passed. Doctors will have stopped practicing and private insurance companies will have shut down. This is precisely the situation that has occurred in Great Britain and Canada.
The government will be in control of everything relating to health care and you will only be allowed to see the doctors that the government approves. As for the Supreme Court, I don't trust them to save us. When the Obama administration decided to take control of General Motors and void private contacts in favor of giving labor unions the benefits of helping to run the company the U.S. Supreme Court refused to intervene, despite the fact that this was clearly unconstitutional. I no longer trust the court to rescue us. We must do it ourselves by keeping this legislation from ever passing. I hope this answers your questions.

Hi Michael,
Thanks for your comments and analysis. I keep wondering what my fellow Americans are thinking when they go peacefully into the night to destruction. I wonder just what it is going to take for them to rise up like our for fathers and take a stand. We are watching as America burns down around us. Our freedoms under the constitution are only guaranteed by our willingness to stand and demand that the law be followed. We also have to start electing people who believe in the sanctity of the constitution and who will refuse to vote for bad law as our representatives. Thanks for your work and for lifting your voice to be heard.

Thank you so much for taking your time to read the legislation, Mr. Connelly. That is more than most of our Congress members, who are trying to shove this bill down the throats of Americans, have even done. I began to read it, to try to see for myself, what is fact and what is fiction when it came to the stories going around about the translation of this bill. However, I have no experience in interpreting law, and it just all seemed confusing to me.

I am very frustrated and angry that the Obama administration and the Left are trying to take away our freedoms, and this is just the beginning. What is even more frustrating are the "sheeple" who are just following blindly and allowing the Head Marxist to turn our country into a socialist state. That is not what our great nation was founded upon! If these people want to live under socialism, then they can move to a country where it is already in effect. But don't try to change MY country to be like the rest of the world!

I want to be more informed and know what specific wording in the bill means and how it can be interpreted. Is it true that, like in the UK, if you are young with lung cancer, you will get treatment quicker than if you are an old person with lung cancer? That they put a value on your life dependent upon your age and how much more you can contribute to society? What of these stories (that the Left are calling "scare tactics") are really true and what are exaggerations of the wording in the bill? I want to be able to defend myself when standing up against this health care reform, but simply don't know what is really the truth anymore. Do you know what we, as simple citizens, can do to prove to the lemmings that this is a bad idea?

Good points Gretchen and the key is to continue making these points to everyone you know and getting the word out. The tremendous rresponse I'm getting to my articles shows that are most people are willing to listen and learn.