Thursday, June 3, 2010

Here's the phoney letter

I noted in another post that this letter was written by an idiot doctor.  Sorry, it was written by an idiot lawyer. 
I only post it here to demonstrate the sort of garbage being shoved into folks faces.  And too many of them are eating it up. 
Curious Carl
 
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 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, of all of your  personal healthcare direct violation of the specific  provisions of the 4th Amendment to the Constitution 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


AFTE

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