How is this for "Hope and Change"

[junqueyardjim]

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