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The oppinion of a constitutional lawyer on Obamaca

scottm21166scottm21166 Member Posts: 20,723
edited April 2010 in General Discussion
Constitutional Lawyer Has Read The Entire Proposed Healthcare Bill.!!
The article below is from a retired attorney. You can check him out at his web page www.michaelconnelly.viviyi.com

The Truth About the Health Care Bills - 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.

Comments

  • Mr. FriendlyMr. Friendly Member Posts: 7,981
    edited November -1
    Hell I am no constitutional lawyer, or even a general practice attorney and could have told you just about everything he did
  • SwampwoodSwampwood Member Posts: 1,326 ✭✭✭✭✭
    edited November -1
    LaLaLa.. No one in DC is listing[;)][:p][V]
  • JamesRKJamesRK Member Posts: 25,670 ✭✭✭
    edited November -1
    Your signature line makes it almost impossible to read the article, but I did it.

    His assessment of the bill (now law) is correct, but unfortunately the Supreme Court seldom considers the Constitution when they decide Constitutional law.
    The road to hell is paved with COMPROMISE.
  • bigdaddyjuniorbigdaddyjunior Member Posts: 11,233
    edited November -1
    The Republicans, whose paranoia is only surpassed by their phobic fear of appearing weak,gave us The Homeland Security Act thus creating a true monster that feeds on citizens' privacy and rights to trial and due process etc. The added cost of this expanded department is another time bomb laid in the path of the tax payers. Not to be outdone, the Democrats being former hippie commune dwelling, free love sharing, fight the man/change the world, give peace a chance, delusional mental dwarfs have created a beast so devious and able to evolve like a virus that we are all likely to die screaming and poor as a result of their Free Health Care. What the Woodstock believers will never understand is that regular working folks had to clean up the mountains of refuse and filth that they left after the concert and that the system they were always railing against was the very one that paid their parents enough to raise entitled spoiled brats.
  • CbtEngr01CbtEngr01 Member Posts: 4,340
    edited November -1
  • 70-10170-101 Member Posts: 1,006
    edited November -1
    quote:Originally posted by JamesRK
    Your signature line makes it almost impossible to read the article, but I did it.

    His assessment of the bill (now law) is correct, but unfortunately the Supreme Court seldom considers the Constitution when they decide Constitutional law.



    That's correct, they consider the will of congress and its ability to create new laws, which the court interrupts to be the will of the people.

    Bottom line...If you disagree with your elected state Representatives vote them out of office.
  • cccoopercccooper Member Posts: 4,044 ✭✭
    edited November -1
    VOTING DOES NOT WORK!!!!!

    Look where it has gotten us. Failed program after failed program. The list is enormous. And "We the People" have let it go on for decades. No politician is immune to the cess pool that is Washington DC. They may (and that is a stretch) have good intentions when they first get elected, but once in office, they only think about getting re-elected. Willing to wager that few ever read the Whole Constitution or even know what is in the 1st 10 Amendments. One of two ways, either they DO know and ignore it or they are ignorant, which is also unacceptable.
  • scottm21166scottm21166 Member Posts: 20,723
    edited November -1
    quote:Originally posted by cccooper
    VOTING DOES NOT WORK!!!!!

    Look where it has gotten us. Failed program after failed program. The list is enormous. And "We the People" have let it go on for decades. No politician is immune to the cess pool that is Washington DC. They may (and that is a stretch) have good intentions when they first get elected, but once in office, they only think about getting re-elected. Willing to wager that few ever read the Whole Constitution or even know what is in the 1st 10 Amendments. One of two ways, either they DO know and ignore it or they are ignorant, which is also unacceptable.

    It sure did a lot of good for the liberal agenda....
  • n/an/a Member Posts: 168,427
    edited November -1
    Why is it that only 'constitutional layers' seem to have credibility with the masses when discussing matters of the simple text of the Constitution?

    It was 'lawyers' who muddied the constitutional water in the first place, just as they are conditioned, trained and educated to do.

    It is 'lawyers in black robes' who continue to circumvent and erode the simple text and clear historical intent of the Constitution.

    It is largely 'lawyers' in the Legislative Branch and the Executive Branch who believe that they can interpret, rather than simply follow the Constitution, since its clear limitations are not allowing of their plans and desires.

    Therefore, 'lawyerize' confuse/muddy the issues and create what never existed or 'allow' what was never allowable.

    Lawyers in government are a pox upon the Republic, in my opinion.
  • peonpeon Member Posts: 2,644 ✭✭✭✭✭
    edited November -1
    Can you repost the author's website link? No worky.
  • mljacksomljackso Member Posts: 297 ✭✭
    edited November -1
  • AlpineAlpine Member Posts: 15,041 ✭✭✭✭
    edited November -1
    The only problem with all that opinion is that the ball will be in the Supreme's Court to decide the constitutionally of the legislation.

    I would expect a 5-4 decision, with the liberals backing the government take-over, and conservatives backing the Constitution.
    ?The problem with socialism is that you eventually run out of other people's money.?
    Margaret Thatcher

    "There are three kinds of lies: lies, damned lies and statistics."
    Mark Twain
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