Blog posts : "obamacare"
In the past several weeks the various branches of the Federal government have virtually destroyed the very fabric of our Constitutional Republic. Obama has continued with his efforts to dismantle our economy and the Constitution with more illegal and unconstitutional Federal agency regulations and w…
In August 2009 I read and analyzed the 1100 pages of HR 3200 that was the original version of the Affordable Care Act. I wrote an article about the proposed legislation that became the first one posted on this blog. That article has recently resurfaced several times and gone viral as an email.
Of course, it was not about the version of the law that finally passed, that version originated in the U.S. Senate and was H.R. 3590, originally a House bill on a totally unrelated matter. This was one of the first ruses by the Democrats designed to bypass the Constitutional requirement that all revenue bills begin in the House.
In my original article titled “The Truth About the Health Care Bills” I stated that “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.” I was attacked by the left immediately for making inaccurate claims about what the bill said, yet everything I predicted has either happened or is in the process of being implemented.
I also concluded in that original article 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.”
In addition, I stated that “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.”
H.R. 3590 is over 2700 pages and in many respects is worse than the original version. It establishes 138 new federal commissions and agencies; all under the control of Obama. The law is being used to violate the 1st Amendment rights of religious institutions and religious owners of businesses. It violates the 4th Amendment by giving the IRS access to our personal information, and we all know how careful it is with such information.
As for Obama’s promises, people are losing their insurance that they were told they could keep and they will also lose their doctors. But, of course, our President has fixed that. His majesty has ordered insurance companies to renew the policies, but just until after the 2014 elections. That is the way this President fixes things for the American people.
Now, how is he going to fix the lie that insurance premiums would go down when they are going up, and the lie that health care costs would go down when they are rising? Then there is the lie that thousands of new jobs would be created in the health care industry when in fact almost 50,000 health care workers have been laid off so far this year. Of course, new jobs as navigators are being created for Obama loyalists in Acorn, Planned Parenthood, and the Urban League. Navigators for a system that doesn’t work.
Thus, I reiterate what I said in 2009. This law was never about providing affordable health care to Americans; it was and still is about giving the Federal government power to control the lives of Americans. The ACA was designed to fail so the ultimate goal can be achieved, total government control over healthcare, i.e. socialized medicine.
I have not posted anything new on my blog in over a month, but I have not been idle. Here is an update on some of the projects I have been working on:
VETERANS SECOND AMENDMENT LAWSUITS
The United States Justice Foundation (www.usjf.net) continues to push our lawsuit against the Veterans Administration to force them to respond to our Freedom of Information Act request for info on why the VA is declaring thousands of veterans incompetent without due process of law and denying them their Second Amendment Right to keep and bear arms. We have received some information that is very damaging to the VA, but still not everything we have requested.
In the meantime, more veterans are coming forward asking for our help and we are preparing a second lawsuit. The horror stories continue to mount as we are now learning that the VA is telling the families of veterans that they also cannot purchase or own firearms, simply by virtue of the fact that they are the spouses and children of veterans that the VA has declared incompetent.
Additionally, several veterans have reported to us that in addition to being unable to purchase firearms, they are having their passports cancelled and/or being placed on the terrorist cannot fly list. In other words, the Feds continue to push the idea that all military veterans are potential terrorists simply by virtue of having honorably served our country.
ARTICLES OF IMPEACHMENT
I am continuing to update and refine the formal Articles of Impeachment of Barack Hussein Obama I am preparing for filing in the House of Representatives. Obama continues to give me more ammunition with new Executive Orders on gun control, the arming of terrorist in Syria, and his punitive actions toward the American people during the government shut down, to name but a few. We are also looking for a member of Congress willing to step up and file them.
UN SMALL ARMS TREATY
At the USJF we are monitoring the next moves Obama will make now that he has had John Kerry sign the blatantly anti Second Amendment UN Small Arms treaty. The very signing of the treaty is an unconstitutional action that violates the oath of office taken by both Kerry and Obama. We will work diligently to keep the treaty from being ratified by the necessary two-thirds of the Senate, but we are also concerned that Obama will try to implement parts of the treaty without Senate approval. That will result in an immediate lawsuit by the Justice Foundation.
I am continuing to work with USJF attorneys on other legal issues we are involved including defending the wrongfully prosecuted family in New Mexico that had bogus charges filed against them by the U.S. Attorney and had all of their assets seized simply because they owned a gun store and were active Tea Party members. We have also filed friend of the court briefs in several cases trying to protect the First Amendment right to freedom of religion of religious institutions and businesses owned by religious families who have moral objections to providing contraception and abortion services to their employees as required by Obamacare.
The first article I wrote and posted on this blog was in August 2009 and it was titled “The Truth About the Health Care Bills.” It was based on my reading of the original 1100 pages of H.R. 3200 that was the first of the proposed bills. Based on what I read in that bill and other proposals I made a number of predictions about what would happen if the bill passed. I was immediately viscously attacked by those on the left who believe freedom of speech is only allowed if you agree with them.
I received death threats, was called every name in the book, and people claimed that I was lying about being an attorney and a Constitutional Law Instructor. The group “Media Matters” funded by George Soros went berserk as did some other left wing so called “fact check” groups that never really disputed the facts I presented, but challenged my opinions.
In any case, the law that finally passed was 2700 pages long and in most respects is worse than the original. It is now being enforced and the horror is unfolding. I have therefore reposted by original article below and made comments in red to illustrate how, unfortunately, most of the things I predicted are now reality.
THE TRUTH ABOUT THE HEALTHCARE BILLS
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 otherclasses of citizens are involved, (Various panels made up of bureaucrats appointed by the Obama administration will decide health care expenditures under Medicare, and decide what patients will receive specific types of care. They will also choose the doctors and hospitals that can be used by each patient. This is a direct interference with the doctor patient relationship and is clearly rationing.) free health care for illegal immigrants, (millions of dollars have been appropriated to set up clinics in certain states to provide free medical treatment for immigrants. However, employees of the clinics are prohibited from asking patients about their legal status.) free abortion services, and probably forced participation in abortions by members of the medical profession. (Doctors and nurses are not yet being forced to perform abortions, but religious institutions are being forced to finance free contraception, and abortion inducing morning after pills, despite the fact that this violates their religious beliefs and is a direct violation of the 1st Amendment. The next step will certainly be mandating that Catholic hospitals and others provide full abortion services.)
The Bill will also eventually force private insurance companies out of business and put everyone into a government run system. (Although the so called “public option” was removed from the final version of the health care bill it is still alive and well in the minds of most proponents of the legislation. Barack Obama, Nancy Pelosi, Harry Reid, and the mainstream news
media all assured Americans that under Obamacare health care costs and insurance premiums would decline. The exact opposite is true. Health care costs continue to rise and so do insurance premiums. Small businesses can’t afford to provide insurance for their employees and the employees can’t afford it on their own. In addition, insurance companies are being forced to provide benefits that will ultimately force many of them to price themselves out of business.) 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. (Under the provisions of Obamacare some 138 new Federal agencies or committees have been established to make many of the decisions on your health care that were previously made by you and your physician. The most heinous of the provisions in the law in this area places a tax on artificial limbs including those being provided to elderly veterans, and our troops that have wounded fighting for our nation in Iraq and Afghanistan.The Veterans Administration will not pay the tax so these heroes and their families will have to pick up the tab. The same is not true for illegal aliens.They can get them at taxpayer expense.)
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. TheCongress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people and the businessesthey 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. (Ironically, the U.S. Supreme Court held that the individual mandate portion of the law passed by Congress was not constitutionally permissible under either the commerce clause or the necessary and proper clause of the Constitution. However, using some bizarre reasoning five Justices found it Constitutional under the taxing power of Congress. They ignored the Constitutional requirement that all tax laws must originate in the House of Representatives, while the final version of Obamacare originated in the Senate. The bottom line is that Congress passed a piece of legislation without reading it and it gave Obama and the Executive Branch the power to make over 4,000 decisions on every aspect of health care without any Congressional approval or oversight.)
This legislation also provides for access by the appointees of the Obamaadministration to of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and\hospital. (This is all in the process of being implemented under the rules and regulations being adopted as a result of thelaw.) 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. (When this original article was written the penalty for not complying with the original mandate was styled as a tax. Then to quell some of the overwhelming opposition to the proposed law, it became a penalty or a fine. Now the Supreme Court has ruled that it is in fact a tax. I personally don’t care what it is called, or what the five Justices on the Supreme Court say, it is still unconstitutional.)
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 todeny 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. (The only victory in the Obamacare court challenge for those who support the Constitution came when the Court ruled that the federal government could not compel the states to put millions of people on the Medicaid rolls without any way to finance it. This was a victory for the 10th Amendment, but what about we the people and our rights under the 9th and 10th Amendments? Apparently those don’t exist any longer.)
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. (This paragraph is self explanatory and I stand by it.)
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.
It is June 28, 2012 and on this day in history five Justices of the U.S. Supreme Court joined with President Obama and members of Congress to declare the U.S. Constitution and our free Republic dead. The Justices accomplished all of this by issuing a bizarre opinion on the Constitutionality of the “Affordable Health Care Act” commonly known as Obamacare.
In August of 2009 I wrote my first blog article on the Constitutionality of the proposed health care bill, H.R. 3200. I noted a number of Constitutional objections to it with the primary one being the violation of Article, Section 8, of the Constitution that limits the powers of Congress. I argued that nothing in that article, including the Commerce Clause, gave Congress the power to either regulate health care, or to turn over the power to do so to the Executive Branch of government.
Ironically, the Supreme Court agreed with me today on the Commerce Clause issue, but then did something that by its own past admissions; it has no Constitutional authority to do. The Court took a clearly unconstitutional law passed by Congress and essentially rewrote it in order to declare it Constitutional. I’m referring specifically to the “penalties” imposed on Americans who fail to comply with the individual mandate requiring them to buy health insurance. Under the law, these people can be “fined” by the IRS for non compliance.
If you remember, when Obamacare was being proposed, the President, members of his cabinet, Democrats in Congress, and members of the mainstream news media were all assuring the American people that this was not a new “tax.” Now, John Roberts, the Chief Justice of the Supreme Court has written a majority opinion saying essentially that these were all lies, but he is going to fix it by declaring that this is a tax, and therefore falls within the powers of Congress.
In a nutshell, we have a situation where the Congress passed a law that it had no authority under the Constitution to pass, and that further unconstitutionally granted extraordinary new powers to the Executive Branch, that are not authorized by the Constitution. Now, we have the U.S. Supreme Court upholding this, and making a power grab of its own by saying that it can ignore the Constitution and rewrite the laws passed by Congress.
The implications of this are staggering. The Supreme Court has now decided that the Federal government can use its powers of taxation to force the American people to do its will, even if individual freedoms guaranteed by the Bill of Rights are taken away in the process. Obama is already using the authority of the health care law to attack freedom of religion, and now when can expect him to go much further.
Imagine this, you are obese and the government declares that since that is a danger to your health, you will be taxed if you don’t lose weight. If you have dangerous weapons in your homes like firearms, and Obama orders you to surrender them to the Federal government, you can be taxed if you fail to do so. What about going to political websites on the internet that the Feds decide are inappropriate and endanger your emotional well being; there is a tax for that.
It sounds incredible, doesn’t it? Unfortunately, it could all happen as a result of today’s Supreme Court decision. Justice Roberts and the other four Justices who signed off on this opinion have increased the power of the Federal government far beyond what was intended by the founding fathers who wrote the Constitution, and for that matter the Declaration of Independence.
Today, the Constitution and our Republic were given the last rites by the progressives on the Supreme Court, but I am not ready to kick the dirt in on our freedom yet. I believe that many Americans are not just angry, but are as infuriated as I am. The election in November, if we are allowed to have a free and fair one, is one that must be won across the board. If Obama is re-elected and Democrats continue to control the Senate, then the demise of the United States will be official.
Well, maybe not. There is one other alternative and it is stated clearly in theDeclaration of Independence when Thomas Jefferson wrote about our inalienable rights:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.”
Perhaps it would be wise for those who are celebrating the death of America today, to remember that as long as there is one American left that is willing to defend the Constitution and the Republic, there will always be a spark of life that has not been extinguished. I intend to be one of those sparks.
On August 12, 2009 I posted my first article on this blog. I declared that I had read all 1100 pages of HR 3200 that was the initial version of the proposed health care bill and I found that it was unconstitutional for a number of reasons. Among those reasons was my conclusion that Congress was exce…
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Almost one year ago I started by blog on Constitutional law by posting an article I had written on HR 3200 that was the original version of the health care bill pending in Congress. I pointed out that the bill was unconstitutional on its face because it involved the granting of powers to t…
Almost a year ago when the health care bill debate was just heating up I pointed out that the bill would set up health care rationing, particularly for seniors. I also stated that instead of doctors, patients, and family members it would be federal bureaucrats that would be making life an…
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1. There is nothing…
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