Wednesday, September 16, 2009

Obamacare Unconstitutional

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 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. 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.

-Michael Connelly
Constitutional Law Instructor
Carrollton, Texas


Anonymous Anonymous said...

Dr, Orly Taitz, who is probably the only attorney who has made any headway in forcing the b.c. issue, had an interesting comment on her blog on Aug 12th which sums up what needs to be done in this country. You have to find a google-archived version of that page, because her website keeps getting hacked, and whoever has set it up has done the worst job I've ever seen of maintaining a site, but it can be found. The important part is this:

She related that a Tampa Florida US district judge had sealed his orders in Major Cook's case (Civil Docket#: 8:09-cv-01382-RAL-EAJ), in denial of Dr. Taitz' motion for Judge Lazzara to recuse himself, thereby preventing not only Major Cook but also his attorney from being able to simply view them, much less see what needs to be appealed. This is how 'Star Chamber proceedings' were carried out in Olde England.

Her last comment in that blog post was (quoting):

"If citizens of this country don’t rise immediately and protest this behavior of judges, this total trampling on the constitutional rights and freedoms of the citisens [sic], they will do anything and everything with you and to you."

Basically that's what HAC's been saying for decades now . . .

9:17 PM  
Anonymous Fireyeyedpegasus said...

The new world order marches on. The moment it will become self evident even to the most brain dead is at hand.

The nwo is about to make its next move with the flu shot vaccine program. What a horror story that is turning out to be as I dig down the rabbit hole.

Evil on a scale that is unimaginable. Your out of time people.
It looks like it is all to be timed for the middle of October.
Market crash,pandemic and Z blasting Iran. Presto....ww3

10:24 PM  

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