Tuesday, September 22, 2009

Obamacare Assault on the US Constitution

Michael Connelly is a Constitutional lawyer and has read the
entire health care bill. He has some comments, not just about the
bill, but also about the effects it would have on our
Constitution. It's a much broader picture than just health care
"reform." Here's what he as to say:

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.
For those who might doubt the nature of this threat I suggest they consult the source. Here is a link to the Constitution: http://www.archives.gov/exhibits/charters/constitution_transcript.html
And another to the Bill of Rights: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
There you can see exactly what we are about to have taken from us.
Michael Connelly
Retired attorney,
Constitutional Law Instructor
Carrollton, Texas
mrobertc@hotmail.com

2 comments:

undertaker said...

The list of transgressions against the Constitution is quite long. If one looks at the "enumerated powers of the states" it becomes painfully clear those powers have been usurped by the federal government and most recently, at an alarming pace. Read the list of those powers here:

http://www.tenthamendmentcenter.com/2009/04/12/the-enumerated-powers-of-states/

It is becoming more clear that the current resident of the White House, who purportedly taught constitutional law, is leading the current attack on the Constitution with a great deal of zeal.

Eric Pearson said...

Many more violations of our Constitution are being done by Congressman like Jim Cooper.

I noticed the Tennessee Democratic Party website doesn’t list Congressman Jim Cooper as a declared Democratic candidate for 2010. So I called his office in Nashville and they said Congressman Jim Cooper is a declared Democratic candidate for 2010. I suspect the Tennessee Democratic Party website has left him off the list because they don’t want to help endorse him again.

For example:

Jim Cooper does not support habeas corpus for prisoners at Guantanamo, and has refused to support legislation to close Guantanamo.

Jim Cooper has refused to support the “Restoring the Constitution Act of 2007,” which would make “significant changes to provisions of the Military Commissions Act of 2006 by restoring the writ of habeas corpus for individuals held under U.S. jurisdiction, narrowing the definition of an unlawful enemy combatant, preventing the use of evidence gained through torture and coercion, and requiring the U.S. to abide to its Geneva Convention obligations.” More importantly, Jim Cooper has declined to sign onto legislation that requires the U.S. to live up to the Geneva Conventions.

Jim Cooper has refused to support efforts to find a diplomatic solution to the conflict in Iraq.

Jim Cooper supports continuing the U.S. aggression in Iraq, he is against insisting on Congressional oversight of the war effort, and wants to give the NSA a pass to go around the FISA Courts.

Jim Cooper refused to support legislation that would hold mercenaries (a/k/a “contractors”) to the same standards of conduct expected of American soldiers.

Jim Cooper has refused to push for a ban on cluster bombs used in the vicinity of civilians.

Jim Cooper has refused to support legislation that would ban the so-called “outsourcing” of torture.

Jim Cooper has refused to sign onto legislation that would investigate and probably reign in WHINSEC, the U.S. government’s notorious training school for torturers and terrorists.
Jim Cooper isn't interested in repealing the so-called “Real ID” act. In case you have not heard, “Real ID” was slipped through into law without debate a few years ago. It gives states a very expensive unfunded mandate to create a national ID card, and many privacy experts see the database it is supposed to create as an invitation to snooping and identity theft.

Jim Cooper has failed to achieve a leadership position within the U.S. House of Representatives over the past six years in office.

Jim Cooper voted for the $825 billion economic stimulus package without reading it first.

Jim Cooper refused to have hometown meetings with the citizens of his community on the issue of Health Care.

OR COULD IT BE:

Hint: It’s not the voters of Nashville and Tennessee’s 5th Congressional District, who strongly support a public option. Here are the industries who have donated to Jim Cooper’s campaigns, according to OpenSecrets.org:

$651,803 Lawyers/Law Firms
$502,323 Securities & Investment
$299,103 HOSPITALS/NURSING HOMES
$237,532 HEALTH PROFESSIONALS
$216,255 Real Estate
$197,306 Retired
$184,759 INSURANCE
$133,981 HEALTH SERVICES/HMOS
$128,930 Misc Finance
$125,398 MISC HEALTH
$112,050 Commercial Banks
$107,696 Accountants
$105,107 Education
$104,650 PHARMACEUTICALS/HEALTH PRODUCTS
That totals up to almost $1 million for Jim Cooper from health care special interests!

No wonder Congressman Jim Cooper is fighting for them when it comes to health care.

More information about Congressman Jim Cooper can be seen at:

http://jimcooper.democraticreformparty.com