Posted on 10/14/2013 8:50:54 AM PDT by Slyfox
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, in direct violation of the specific provisions of the 4th Amendment to the Constitution, 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 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
“... This is not about health care; it is about seizing power and limiting rights.”
:::::::::::::
Been saying this for years now. Thank You, John Roberts.
Nanacy Pelosi does not HAVE to read any of the provisions of the “Patient Protection and Affordable Care Act of 2010” - none of it applies to her anyway.
She is SPECIAL, doncha know.
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.
FUJR, FUNP, FUBO, FU DemonRats!
So the question is: If the right to privacy designated in Roe v. Wade is widely accepted (especially by leftists) as the Law of the Land, wouldn’t that mean that the government has no right to our personal healthcare information?
Doesn’t that put Obamacare at odds with Roe v. Wade, and thus render it unconstitutional? Of course I realize that the Supreme Court ruled Obamacare to be constitutionally valid, but that is because the right to privacy was never brought up in the arguments to be considered, nor addressed in the Court’s decision.
If the right to privacy were to be invoked before the Supreme Court, wouldn’t the court have to rule Obamacare unconstitutional on that basis alone? Or else would they rule that the right to privacy only applies to abortion, a ruling which would be absurd on its face. See Alinsky’s Rules for Radicals #4: “Make the enemy live up to its own book of rules.”
Or am I missing something?
That poor man. Have the Thorazine handy for him...
No.
Nazi Pelicanosi has no need to read it. She and her family have been exempted from it. She knew from the beginning what it was intended to accomplish and as a good democrip thug she loves it. Now we see why the pirate Roberts was placed at the head of the subPreme Court. He is a globalist sock puppet and traitor to America. he will do as he is told because someone has the blackmail data to control him. John Roberts is without any honor or integrity, the grinning littleman quisling scum.
It’s impossible to read this Bill. The narrative is interrupted by so many references to other statutes and regulations that the reader would have to sit in the middle of a law library with a half dozen aides at hand to look up the references. It’s worse than a trainwreck.
A bullet point version would be more effective IMHO
this is their coup de grâce of the constitution. .
bump
> It’s impossible to read this Bill.
That’s what they’re counting on...
In a “ normal” world maybe???
No what?
“Thank You, John Roberts.”
No kidding. He threw the Constitution in the trash with his ruling. This law was patently unconstitutional on its face for all the reasons outlined in the article.
Thanks to Chief Justice Roberts, the Constitution is dead. The executive no longer recognizes any restraint on his power from any other branch of government. And the government no longer recognizes any restraint on its power over the people.
All the talk of “America as the land of the free” is now just bullsh** propaganda to feed to gullible third grade kids.
bump’
Thank the Lord it is a train wreck.
Good stuff but who is going to do something about it. Tea Party? GOP, etc. We are toast.
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