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The Truth About the Health Care Bills - Michael Connelly, Ret. Constitutional Attorney 08.24.09
Received via E-Mail today | 08/24/09 | Michael Connelly

Posted on 09/14/2009 9:29:44 AM PDT by Chattering Class of 58

The Truth About the Health Care Bills - Michael Connelly, Ret. Constitutional Attorney 08.24.09

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: hibits/charters/constituti on_transcript.html

And another to the Bill of Rights: hibits/charters/bill_of_ri ghts_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

TOPICS: Government; News/Current Events
KEYWORDS: care; health; hr3200
I received this today from my wife. She received it by e-mail.
1 posted on 09/14/2009 9:29:45 AM PDT by Chattering Class of 58
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To: Chattering Class of 58

I have been posting many of these great articles on Facebook. Boy what a waste of time, I rarely get a response. Is anyone listening?

2 posted on 09/14/2009 9:33:16 AM PDT by ohiogrammy (12)
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To: ohiogrammy

Please shoot us a summary of links. Thanks.

3 posted on 09/14/2009 9:36:05 AM PDT by alrea
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To: ohiogrammy

I believe facebook is mostly for the brain dead.

With Post’s like I am out on the patio and so many like it.

Who cares?

4 posted on 09/14/2009 9:43:51 AM PDT by Venturer
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To: Chattering Class of 58
This is not about health care; it is about seizing power and limiting rights.

It sure is, and judging by the millions of people rallying in Washington on Saturday, people are finally catching on. Thank God!

5 posted on 09/14/2009 9:44:04 AM PDT by concerned about politics ("Get thee behind me, Liberal")
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To: Chattering Class of 58

My Dad got this today too. Get this out there pronto and and email it to your Congress Critters.

6 posted on 09/14/2009 4:23:55 PM PDT by HighlyOpinionated (Looking for Fraud? Waste? Abuse? Audit ACORN. Audit The Fed.)
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To: Chattering Class of 58

This is Michael Connelly’s web blog.

Here’s the info about him.



· Diploma, Redemptorist High School in New Orleans, La. 1966.
· Bachelor of Science, Business and Public Administration, Louisiana State University, Baton Rouge, La. (Degree required numerous political science and business courses. Many history and public speaking courses were taken as electives.) 1971
· Juris Doctorate, Louisiana State University Law School, 1973.
· Graduate, U.S. Army Intelligence School, Fort Huachuca, Arizona, 1973.

· Commissioned a 2nd Lieutenant in the U.S. Army Reserve, 1971.
· Active duty at the U.S. Army Intelligence School from Sept. 1973- Nov. 1973.
· Assigned to reserve duty with 352nd Army Security Agency company in Baton Rouge from Jan 1974 until Aug. 1978. (Served as Supply officer, Operations officer, and Recruiting officer.)
· Left the reserves in 1978 as a Captain.

· Licensed attorney in Baton Rouge, La. since 1973.
· Qualified to practice before all Louisiana State and Federal Courts and the U.S. Fifth Circuit Court of Appeals.
· I have also represented clients before the U.S. Supreme Court.
· Areas of practice include Constitutional Law, Personal Injury Law, Criminal Law, Family Law, Business Law, Medical Malpractice and Successions.
· Special assistant attorney general for the State of Louisiana, 1977-80.
· Of Counsel for U.S. Justice Foundation, 1980-98.
· General Counsel, Council for Inter-American Security, 1978-95.
· Still licensed, but inactive since 2001.

· Part Time Real Estate consultant for McNichol & Connelly, Dallas, TX. (Duties included preparation of Market & Financial Feasibility studies, locating real estate for various projects, brokering loans, and locating potential investors.) 1997 - 1999

· Currently teaching courses on Evidence Law, Constitutional Law, Courtroom Strategy and Business Law for Education to Go, an online company providing courses for numerous universities.
· Have appeared as a guest lecturer at both LSU and University of New Orleans.
· Substitute high school teacher for East Baton Rouge Parish School System, Sept. 1998-Jan. 2000.
· Temporary full time teacher of World Geography, Woodlawn High School, Baton Rouge, La., 1998-99.

· Authored, “Riders in the Sky: The Ghosts and Legends of Philmont Scout Ranch in New Mexico”, published by Merril Press in Aug 2001, and “The Mortarmen”, published by Trafford Press in April 2005.
· Authored the true story, “Winds of Merit” which was the basis for a television documentary segment on the show “Storm Warning” shown extensively on both the Discovery Channel and The Learning Channel.
· Authored numerous published articles on politics, law, and scouting as well as many “keyword” articles for various companies.
· Contributor to the book, “Intruder in Your Home” by Ronald L. Cruit, published by Stein and Day, 1983
· Frequent speaker before civic groups and guest on radio and television talk shows (both local and national) on various political and legal subjects.
· Frequent speaker before school groups on Native American Heritage.
· Editor and Publisher of an award winning independent campus newspaper while at LSU.
· Co-host of a weekly radio talk show while at LSU.

References available on request.

7 posted on 09/14/2009 5:12:33 PM PDT by HighlyOpinionated (Looking for Fraud? Waste? Abuse? Audit ACORN. Audit The Fed.)
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To: Venturer

I am learning that, most folks are either libs or think only of themselves. Sad times we live in indeed.

8 posted on 09/15/2009 9:07:34 AM PDT by ohiogrammy (12)
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To: Chattering Class of 58

What I received today:

9 posted on 09/23/2009 2:13:31 PM PDT by givemELL (Does Taiwan Meet the Criteria to Qualify as an "Overseas Territory of the United States"? by Richar)
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