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 forrationing 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

__________________
Junqueyardjim
Christianity, if false, is of no importance, and if true, of infinite importance. The only thing it cannot be is moderately important. C.S. Lewis



1983 Mercedes W123 240D 4 Speed 285,000 on the road with a 617 turbo, beautiful butter yellow, license plate # 83 240D INDIANA

2003 Jaguar Type X, AWD. beautiful, good mileage,
Mom's car, but I won't let her drive it!

I guess we will find out if it's unconstitutional when there are some lawsuits filed. I assume there will be some once it takes affect. The rest was just opinion.

Michael,
Thank you.
So many times critics if the proposed Bill are quieted because they have not read it.
Thank you for reading it and posting your comments, particularly in light of your professed expertise. ( No offense intended, but as you know, and as the Progressive defenders of this legislation will be quick to point out, anyone can claim to be anything on the internet.)

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1982 300SD " Wotan" ..On the road as of Jan 8, 2007 with Historic Tags

You know "Michael" isn't actually here on the forum, right?

good read

my hope is if all of this after the mid terms can be undone

knowing they wont stop and will pass it no matter what

its a shame really to use this as a tool to power and he will get it i do believe -- jz

FactCheck & Mr. Connelly

We’ve received dozens of queries from readers about this chain e-mail, and especially about its claims that the House health care overhaul bill, H.R. 3200, is unconstitutional. That’s a question judges get paid to settle, so we can’t answer that definitively. But we can lay out the facts and the arguments.

Michael Connelly, the "retired attorney" who penned the diatribe included in the e-mail, makes a number of other claims about the bill, too, such as that private insurance companies will be forced out of existence. We’ll deal with those briefly at the end.

As I said earlier, the courts will eventually decide if the bill contains anything "unconstitutional." Both political parties have buildings full of attorneys, I think someone other than a retired guy from TX would have made this argument earlier if it was valid.

Just for fun, see how many places on the internet you can find someone claiming that the income tax is also unconstitutional.

While loitering on FactCheck, I came across a answer to the posting above . . .

A Trifecta of Nonsense

The first claim could hardly be more wrong. While it’s true that Obama did not attend the Army-Navy game held Dec. 12 at Lincoln Financial Field in Philadelphia, he was by no means the first president to miss the game.

Also false is the claim that Obama is the first president not to attend any Christmas religious observance.

I'm never for "more govt involvment"; when it comes to my medical decisions, I really would prefer that the govt not be involved. Simple as that, really.

__________________
- Brian


1989 500SEL Euro
1966 250SE Cabriolet
1958 BMW Isetta 600

I guess you are comfortable with the insurance companies making them?

__________________
[SIGPIC] Diesel loving autocrossing grandpa Architect. 08 Dodge 3/4 ton with Cummins & six speed; I have had about 35 benzes. I have a 39 Studebaker Coupe Express pickup in which I have had installed a 617 turbo and a five speed manual.[SIGPIC]

..I also have a 427 Cobra replica with an aluminum chassis.

Where did that come from? I never saw the quoted piece posted here.

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1982 300SD " Wotan" ..On the road as of Jan 8, 2007 with Historic Tags

Not entirely. I would like to see some regulations to address problems in insurance coverage.
The answer to ills in the private sector should not be immediate government take-over.

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1982 300SD " Wotan" ..On the road as of Jan 8, 2007 with Historic Tags

It is neither immediate or a gov takeover. A bill like this is super complicated and there is always going to be something somebody doesn't like.

What would you do with the 15% that have no health care coverage?

It is easier to criticize the bill then admit to being in favor of leaving 40+ million with out health care coverage.

So now we're up to 40 million w/o HC coverage?

Next week it'll be 100 million.

Like I said, I see some problems with the current system. This proposed bill is like driving a golf ball with a sledge hammer.

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1982 300SD " Wotan" ..On the road as of Jan 8, 2007 with Historic Tags

The problem is that all governmental solutions are like "like driving a golf ball with a sledge hammer." That's how all governments work, especially at the national level.

Look at this from the democrats point of view for a moment. They have decided that they want to provide HC coverage to uninsured americans (whatever the number), and they chose to make that a major campaign issue. For the first time in many years they actually have a democratic administration with a super-majority in congress, and have the capability of passing this legislation. There is no question that they are going to pass the most ambitious bill possible during this window of opportunity. They are also going to write the bill to be as difficult as possible to "undo" in the future. Did you think they were going to pass up this opportunity?

They also know that they will lose seats in the midterm elections and lose the super-majority, so they are going to pass the most controversial portions of their agenda during this congress. The republicans will do everything possible to stall and get the final vote closer to the mid-term elections so they can use it to energize their base. This is all just politics 101, as practiced by both parties for generations.

None of it really affect me very much, but it is entertaining to watch.