Michael Connelly Constitutional Law Instructor explains obamacare

Michael Connelly of Carrollton, Texas is a Constitutional lawyer and has read the entire health care bill and

has some comments, not about the bill, but about the effects on our Constitution. It's a broader picture than just

health care reform.

It's time we sit up and pay attention; once this sort of thing happens, it will be irreversible. We have reason to be
very afraid of what is happening.

THE TRUTH ABOUT THE HEALTH CARE BILLS

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 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 to 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 of 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 were 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

http://michaelconnelly.viviti.com/

Hat Tip; Plainsman