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From Michael Connelly - Retired attorney, Constitutional Law Instructor,
Carrollton , Texas
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
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