" 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 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 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:
http://www.archives.gov/exhibits/charters/ constitution_transcript...html
<http://www.archives.gov/exhibits/charters/ constitution_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 "
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