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    Posted September 14, 2009 by
    Austin, Texas
    This iReport is part of an assignment:
    Passions over health care reform

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    A Constitutional Lawyer


    From a Constitutional Lawyer

    Thought everybody might like to read this after the speech to the nation.   
    The following comment is from Michael Connelly of Carrollton, Texas, A retired attorney and constitutional law instructor who states he has read the entire health care bill and has some comments, not about the bill, but about the impact upon our Constitution.  It's a broader picture than just health care reform.
       Looks like something to sit up and pay attention to; once this sort of thing happens, it will be irreversible.
         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 auth ority 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 sear ches 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 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:
    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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