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#861120 - 10/04/13 10:04 PM A c/p article....about the constitution and O care
ParaLeaks Offline
WINNER

Registered: 01/11/03
Posts: 10363
Loc: Olypen
Not too long a read, either. smile

… Snopes says this is correctly attributed

A retired Constitutional lawyer has read the entire proposed health care bill. Read his conclusions and pass this on as you wish. This is stunning!

Please take the time to read this and forward it out as you see fit.

Thanks

The Truth About the Health Care Bills
– Michael Connelly, Ret. Constitutional Attorney

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, in direct violation of the specific provisions of the 4th Amendment to the Constitution, 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 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
_________________________
Agendas kill truth.
If it's a crop, plant it.




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#861130 - 10/04/13 11:00 PM Re: A c/p article....about the constitution and O care [Re: ]
ParaLeaks Offline
WINNER

Registered: 01/11/03
Posts: 10363
Loc: Olypen
I see I still own the two crown jewels of PP. rofl
_________________________
Agendas kill truth.
If it's a crop, plant it.




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#861138 - 10/04/13 11:38 PM Re: A c/p article....about the constitution and O care [Re: ]
blackmouth Offline
River Nutrients

Registered: 11/05/04
Posts: 2572
Loc: right place/wrong time
Originally Posted By: FishPrince
I'm pretty sure this law is unconstitutional by a plain and simple reading of the constitution, however in this day and age we have constitutionally illiterate lawyers* and statist supreme court judges so much of his arguments were overruled by the Supreme Court. However the final arbiter of the constitution is not the Supreme Court but the people.


* They don't teach how to defend the constitution in law school, they teach about court decisions written by government employed judges that have subverted it. This is an example of the curse of knowledge cognitive bias, when knowledge of a topic diminishes one's ability to think about it from a less-informed (but more neutral) perspective. Knowing about the hundreds of cases where judges and lawyers have twisted words around to weasel the State out of having to follow the Constitution biases them towards a plain and simple reading of it. The Constitution is a social contract by the people to limit the power of the government and as such, a plain reading that is understandable by the people is the only reasonable way to approach it.


Hear, hear.
_________________________
"The best argument against democracy is a five-minute conversation with the average voter."
Winston Churchill

"So it goes." Kurt Vonnegut jr.

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#861142 - 10/05/13 12:21 AM Re: A c/p article....about the constitution and O care [Re: blackmouth]
Excitable Bob Offline
Returning Adult

Registered: 03/13/07
Posts: 401
Loc: fuctifino

The real Snopes article

Correctly attributed BUT very outdated, was from 2009 and was talking about The affordable health care choices act of 2009. Was not talking about the current version.
_________________________
She sits on the dock a fishin' in the water uh, huh
I don't know her name she's the fisherman's daughter uh, huh
Come on down to my boat baby
Come on down where we can play
Come on down to my boat baby
Come on down we'll sail away.

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#861184 - 10/05/13 02:17 PM Re: A c/p article....about the constitution and O care [Re: ]
Todd Offline
Dick Nipples

Registered: 03/08/99
Posts: 27838
Loc: Seattle, Washington USA
Jeebuz...Scabby you are now approximately 0 for 284 with posting up right wing dimwittery.

Please continue, though...it is enormously entertaining.

Fish on...

Todd
_________________________


Team Flying Super Ditch Pickle


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#861195 - 10/05/13 05:47 PM Re: A c/p article....about the constitution and O care [Re: ]
Dave Vedder Offline
Reverend Tarpones

Registered: 10/09/02
Posts: 8379
Loc: West Duvall
Often wrong, but never in doubt.
_________________________
No huevos no pollo.

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