The Truth About the Health Care Bills
by Michael Connelly, Ret. Constitutional Attorney, 2009
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
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 in
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,
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
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
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
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