HR 3200 : THE HEALTH CARE REFORM BILL : UNCONSTITUTIONAL?????????

This is a copy of an email attributed to Michael Connolly, a retired attorney and Constitutional Law Instructor from Carrollton, Texas.  I am placing everything he said in quotes.  His interpretation is essential and everyone must read the material in its entirely so that they might have an intelligent discussion with both Liberals and Conservatives alike regarding how devastating this bill would be if it were ever enacted on by the Senate. The email was dated 11/11/2009 and sent to me by a friend who resides in Colorado. I invite you to read this clear and succinct evaluation of this Bill from the standpoint of Constitutional Law and comment if you would like.

“Well, I have done it! I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choice 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 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 classed 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 area 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 any 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.”

“However that doesn’t work because since there is nothing in the law tat allows you to contest or appeal the imposition of a 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 construe 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 that you et 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 wold hope the American people would hold me accountable.”

“For those who might doubt the nature of the 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 hav taken from us.”

Michael Connolly

Constitutional Law Instructor

Carrollton, TX

I am posting this now because I believe in its importance, but plan to either add to it or present another posting of contributing and supporting information.

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