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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

mrobertc@hotmail.com

 

 

           

 

 

 

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Good stuff you have actually shared with us I didn’t know such informative things before…

The writer understand better the mind of people what they want to learn through their writing therefore this article is outstanding. Thanks!!!

I absolutely respect and appreciate your point on each and every object.

You make sense out of the most complex topics.

Your articles don’t beat around the bushes exact t to the point.

Why not include the link to the "Reformed Health Care Act", so that we may be able to compare your opinion? Beside, the Supreme Court found it constitutional.

Great job on the article. Had allot of information thanks. The health care has got to be better.bankruptcy

John (#25)
It would seem you owe Mr. Connelly an apology for you abussive language. As we now are finding out, Obama Care does indeed fund abortions. HB2300 certainly pointed to that reality. Also Mr. Connelly pointed out that the liberal menebers of congress stopped any and all efforts to add language specifically guaranteeing that abrtion would not be funded in this healthcare legislation. Not one ammendment made by republicans made it into the final bill. So much for Obama's claim that he wante a bipartisan bill. I hope by now you're a bit wiser.

I find your piece pejorative and viral. The snopes link does not cite the countervailing comment of Akhil Reed Amar of Yale who is cited thusly:

“I have spent the last three decades studying the Constitution, and the current plan easily passes muster.”

Lastly, your comments are on HR 3200 which didn't pass and not HR 3500, which did. Consequently, there are several inaccuracies and stretches, to my mind.

One example is your comment that it would put private insurance companies out of business. Perhaps you haven't noticed their silence. There are 39 million uninsured in America and since the private insurance companies would administer the program, these are new customers.

Please try again and this time do some more homework.

As a healthcare futurist, and a consultant to healthcare systems and medical groups, I have great fears about this bill for reasons that have not been listed as yet.
1) In effect, Congress sets itself up as the Board of Trustees of the US healthcare system, as it now has its finger in all major elements, both economic and medical. Anyone who can say that Congress performs better than private sector governing structures needs therapy. It will at least mean that any problems with the bill will be addressed late, if at all, and the solutions will be weak. They have been in charge of Medicare and Medicaid for 45 years, yet they load its problems on the backs of the healthcare system itself, which has been doing what it was regulated to so.

2. Has anyone noticed that the bill creates 145 new agencies of the Federal government? What do they cost? What regulations will they lay on the private sector? We are already seeing an increase in these agencies and in their power, particularly new "demonstrations" for how to recover money already paid to providers, without having to show cause that the monies were not paid legitimately. These are called "claw-backs" and are weakening the financial strength of hospitals and large medical groups. The public will find the "access" supposedly granted through this bill to be removed by closure of the very health facilities they were supposed to be able to use.

3. The numbers used by the government to forecast costs are demonstrably false, in that they are cutting $500 b out of Medicare and supposedly using it to pay for a later year of Medicare as well as to use it as the subsidies for individual health plans through state insurance exchanges.

Many more problems, but you get the idea; this bill will destroy, not fix, the private healthcare system which is where the people are who have been giving care for free for generations.

I'm writing a replacement bill to help with the repeal of this one.

Thanks, Michael.

Wanda Jones
San Francisco



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