Sunday, January 10, 2010

o'scamcare versus the U.S. Constitution (Remember in November!)

correctly attributed per Snopes.com http://www.snopes.com/politics/soapbox/connelly.asp (Aug09)
reposted on Harrold's blog at http://harrolds.blogspot.com
From: drude Sent: Friday, January 08, 2010

 Please take the time to read this  and forward it out as you see fit. Thanks
The Truth About the Health Care  Bills
 by  Michael Connelly, Ret. Constitutional Attorney
     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 by the government.
      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 direct violation of the specific provisions of the  4th Amendment to the Constitution information, your personal financial  information, and the information of your employer, physician, and  hospital.  All of this is a 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, the US  Constitution, and Bill of Rights. There you can see exactly what we  are about to have taken from us.
     Michael Connelly, Retired  attorney, Constitutional Law Instructor, Carrollton , Texas

AFTER HAVING READ THIS,   PLEASE FORWARD....
If you don't care about our  constitution, or your rights under it, just do nothing.
 WE MUST HOLD CONGRESS ACCOUNTABLE BEFORE IT IS TOO  LATE.



ABC NEWS VIDEO:  John Stossel destroys Obamacare by explaining Socialism.




Remember in November.

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U.S. HOUSE of Representatives: 202-224-3121

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