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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

 

 

           

 

 

 

Most of us know by gut feel that this "reform" is going to finish destroying what is left of our Constitution, bankrupting our country, and taking away individual freedoms. It's good that there are smart people out there, taking the time to do our representatives jobs for them, giving specific grounds for those gut feelings, and keeping this debate going. The worst thing that could happen is that Congress does not take time to debate and deliberate before they decide anything. THERE IS NO BIG RUSH TO DO THIS! Also, whatever this program's proponents say their program will do or not do, it will not remain that way: Take a look at what Social Security was when the great socialist, FDR, started it, and what it is now. Want more of that? I personally wish the government would get out of my life and my wallet--that's what the Constitution was written for, to protect individuals from the government, not to provide for the general welfare at the cost of nearly everything else. Most Federal programs in existence today are beyond the scope of the delegated powers; they exist only under that vague clause, "promote the general welfare." Americans of all political persuasions need to be careful what we ask for, because we might get it.

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What are your thoughts about the president's speech from last night?

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Thank you so much for your hard work and thank you for the links!
My Father was a US serviceman for 20 years (Not an officer) and I know first hand what it is like to have government healthcare! I do not want it! Ever!

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Dear Mr. Connelly,

Alas, we Americans have allowed ourselves to deteriorate into xenophobic sheep, perpetually distracted by text messaging and NFL games. Most of us rarely travel to Europe, suspecting that the world is flat and that sea serpents lurk off the Atlantic seaboard. If we would occasionally make our way there, we would get a peek into the future and return with a renewed appreciation for what you are warning us about. Euro-socialism is grim, indeed, and we mistakenly flirt with it by electing leftist Presidents and vacuous Congressmen. At some point, we must face reality and shift our nomenclature for socialism to what it really is—Marxism. Karl Marx’ Manifest der Kommunistischen Parte of 1848, with its ten steps for communizing a nation, would be chilling reading for the remaining Americans who can still read and write and carry a thought to its rational conclusion.

Respectfully submitted,

Warren Donworth

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You sir are a GODDAMN LIAR! Just like Joe Wilson is a disgrace, so are you. This is a big lie. In HB3200 it specifically says no funding for abortion. If you had read the bill you would know that. Therefore the only conclusion I can come to is that your a GODDAMN LIAR!

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The word abortion is not in the bill!!!!!!!

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Wow John - could you be any more disrespectful? That is a big part of the problem with this country. Please provide the section that disputes Mr. Connelly's assertion that abortion would be paid for. It is a moral issue for me and I should not be forced to pay for it thru my taxes so I would hope it specifically states they would not be funded with my tax dollars.
As far as healthcare reform, I believe something needs to be done but I completely disagree with how Congress is forcing it and rushing it. You can't rush something this big thru. Tort reform needs to be tackled first. Doctors are not infallible so to further protect themselves they order numerous tests that are not needed driving up the costs, frivilous lawsuits costing millions drive up costs - get that under control first. Then tackle the insurance companies. It has been stated that 38% of what we pay is for profit and overhead costs. They are pocketing more and paying out less. Perfect example - last year between myself and my employer we paid over $18K in healthcare premiums - just premiums, not co-pays - the insurance company paid out less then $1K on my entire family. I switched to an HSA which is saving me thousands every year as my family is healthy - I want to be assured I won't lose that right. Having to satisfy a deductible before running to the ER for a runny nose should curb the abuse of the ER. Annual physicals are paid for 100% without having to satisfy a deductible so unless you get sick enough to visit the urgent care, you shouldn't have big expenses. The urgent care is only $64 on my HSA whereas I paid a $30 co-pay before but a whole heck of a lot more in premiums. The money I am saving on premiums goes into a health savings account that I use to pay for it. You don't lose it at the end of the year and you can invest it. Change employers? Take it with you - you own it! We need more people taking control of thier own personal misuse of doctors and hospitals - you don't need to run to the ER because you have a cold! Abuse of the system adds to problem.
As I have pointed out there are many ways to bring down the costs - not just by taking over the industry and forcing it down our throats.

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MM
The fact is our forefathers fought/died over 3% which was the highest tax imposed on them by Great Britian prior to 1776. The fact is for those of us fortunate to currently have an income the majority of us are paying more than 25% tax to the current federal government. The fact is this very government has an ever increasing deficiet with no end in site. The fact is we have one of if not the highest corporate tax rates in the world. The fact is there is no penalty for frivilous/bogus lawsuit...no skin in the game for trial lawyers. The fact is this bill is designed to go in to effect in 2013...four years from now...not urgent. Most likely if it were not for people such as Michael the first draft would be the FINAL health care package already passed by house and senate. The fact is the unemployment rate continues to rise. Are you being truthful saying that what Michael is doing is pulling this nation apart? If so, provide fact if not merely your opinion.

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John, (24) I am not a lawyer but I do understand that in legal terms what is not specifically stated can and is implied. The Republicans have been trying to get an insert into the bills specifically banning abortion; however, as of now, to no avail.
For those of you concerned about the 10th Amendment,do not forget about education. Too many rules and policies have become mill stones around the neck of educators just as these health bills will become detriments to our welfare. I, too, have lived in Europe.
I do thank you, Mr. Connelly, for your efforts and I do feel strongly that we need to start removing some of the untouchables in Congress

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Mike,
I hope you sent this to O'Rielly,Hanity and Beck.
Earl

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