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Constitutional Law Instructor's view of health care bill

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posted on Sep, 29 2009 @ 08:25 AM
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IF YOU HAVE DOUBTS AFTER THE PRESIDENT'S SPEACH LAST NIGHT, READ WHAT A CONSTITUTIONAL LAWYER HAS TO SAY...



Michael Connelly of Carrollton, Texas is a Constitutional lawyer and has read the entire health care bill and has some comments, not about the bill, but about the effects on our Constitution. It's a broader picture than just health care reform.



It's time we sit up and pay attention; once this sort of thing happens, it will be irreversible. We have reason to be very afraid of what is happening.




THE TRUTH ABOUT THE HEALTH CARE BILLS




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 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 "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. Here is a link to the Constitution:


www.archives.gov...




And another to the Bill of Rights: www.archives.gov...





There you can see exactly what we are about to have taken from us.



Michael Connelly

Retired Attorney, Constitutional Law Instructor

Carrollton, Texas

michaelconnelly.viviti.com...





[edit on 29-9-2009 by wonderworld]

[edit on 29-9-2009 by wonderworld]




posted on Sep, 29 2009 @ 08:27 AM
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Constitutional Law Instructor's view of health care bill

I got this Via Email, upon further research it seems to be correct. I’m truly amazed that such a good plan can easily strip us of our rights. Why does Government have to be so sinister to find holes to accomplish their warped agenda??

This is not about health care. It appears to be about seizing power and limiting rights, including the biggest shift in executive power in history.

Are you ready to sit back and watch our constitution being torn to shreds.? It appears it includes, Rationed Health Care. Forced abortions??

It reads; major portions of the Constitution of the United States will effectively have been destroyed!

If you chose not to accept Obama’s Health Care you will be “taxed” a kinder word than fined. This method will be used to get around the 5th amendment. It will nullify the bill of rights. This also affects the 9th and 10th Amendments.

Our Country is about to change dramatically. This opens the door to intrusive abuse to our State rights and is only the beginning!!

www.echopress.com...

www.opednews.com...



[edit on 29-9-2009 by wonderworld]



posted on Sep, 29 2009 @ 08:52 AM
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ok...
rationing of healthcare:
i use to have 2 blood tests given to me, one by my cardiologist and one by my primary...no more...one test with one more vial of blood pulled...my healthcare cost was rationed down from 2 tests to 1.

and yes... i want to put the healthcare leeches out of business, good riddence.

and the 4th amendment? what about your tax forms being sent to the government for the last 70 years, i guess you'll stop doing that, right?

and when you get old, i'm sure you'll send your social security check back to the government and you'll reimburse the government for all your medicare charges.



[edit on 29-9-2009 by jimmyx]



posted on Sep, 29 2009 @ 08:55 AM
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Originally posted by jimmyx
ok...
rationing of healthcare:
i use to have 2 blood tests given to me, one by my cardiologist and one by my primary...no more...one test with one more vial of blood pulled...my healthcare cost was rationed down from 2 tests to 1.


You story reminds me of this joke. It's very appropriate I think; So true

The phone rings and the lady of the house answers,

'Hello.'

'Mrs. Sanders, please .'

'Speaking.'

'Mrs. Sanders, this is Doctor Jones at Saint Agnes' Laboratory. When your husband's doctor sent his biopsy to the lab last week, a biopsy from another Mr. Sanders arrived as well. We are now uncertain which one belongs to your husband. Frankly, either way the results are not too good.'

'What do you mean?' Mrs. Sanders asks nervously.

'Well, one of the specimens tested positive for Alzheimer's and the other one tested positive for HIV. We can't tell which belongs to which.'

'That's dreadful! Can you do the test again?' questioned Mrs. Sanders.

'Normally we can, but Medicare will only pay for these expensive tests one time.'

'Well, what am I supposed to do now?'

'The folks at Medicare recommend that you drop your husband off somewhere in the middle of town. If he happens to find his way home, don't sleep with him.'



posted on Sep, 29 2009 @ 09:04 AM
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reply to post by wonderworld
 


lol....great joke, i'll use it on my 82 year old in-laws...but i will blame you, if they ask where i heard that one



posted on Sep, 29 2009 @ 09:13 AM
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you know...why is it that the people that don't want the government to give you healthcare, are the ones that have enough money to not worry about it. i'm sure that professor gave back any money he recieved for his healthcare at that college...yeah right

the media should be giving equal time to all the people that can't get healthcare or have had to go bankrupt from the huge medical bills.
yup...all these pundits, congressmen, businessmen, get all the time on air, and you might...might...hear from 1 person a week that got screwed by the insurance companies.

which means their opinion doesn't matter, they can just go screw themselves.

[edit on 29-9-2009 by jimmyx]



posted on Sep, 29 2009 @ 09:20 AM
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reply to post by jimmyx
 


It's odd Ive been getting a lot of healcare jokes in my email latley. I have another that is funny but dont know how to attach it with the images.

I'm sure this Obama Health Care plan is based on the Medicare drain on the system. Social Security is running dry but Medicare is out of control with costs. I wonder if we'll all get thrown in to some HMO?

When I get old I'm afraid there will be no Medicare.



posted on Sep, 29 2009 @ 09:27 AM
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reply to post by jimmyx
 


We all know the media is censored. You have a good point though about those who cant get any medical assistance or rack up huge bills.

The system doesn’t seem quite fair. Those who don’t work have medical and those who do don’t. (In most cases) There should be a happy medium to get quality care at an affordable price but they don’t need to socialize they system. People need a choice.



posted on Sep, 29 2009 @ 09:46 AM
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Originally posted by jimmyx
ok...
rationing of healthcare:
i use to have 2 blood tests given to me, one by my cardiologist and one by my primary...no more...one test with one more vial of blood pulled...my healthcare cost was rationed down from 2 tests to 1.

and yes... i want to put the healthcare leeches out of business, good riddence.

and the 4th amendment? what about your tax forms being sent to the government for the last 70 years, i guess you'll stop doing that, right?

and when you get old, i'm sure you'll send your social security check back to the government and you'll reimburse the government for all your medicare charges.
[edit on 29-9-2009 by jimmyx]


Jimmy, I'm afraid that you're missing the point here. I seriously doubt that anyone would disagree with the need for major healthcare reform. Any one single industry that takes up so much of our annual GDP is certainly a BAD thing! BUT... the government, who has NEVER managed anything correctly has absolutely no place in your personal healthcare. That should be left to you and your doctor!

Let's just take a look at your reasoning and break things down for a minute. I fear that you are over-simplifying a seriously astronomical problem. First, your healthcare tests weren't rationed - they were intelligently reduced to avoid duplication and doubling of costs. A "Rationing" would be if they determined that since you had already had a blood test, they would not administer another until next year. Since your Cardiologist has already requested a blood test, why have the EXACT same test administered by your primary? This is a "makes sense" approach to controlling healthcare costs. However, this is not what is likely to ahhpen under single-payer. More than likely it will be a one-test-per-per-customer system. Not at all good if you are trying to monitor health progression on a systematic basis.

Next, "healthcare leeches" - who are they and what do they do? If you are talking about doctors ordering unnecessary tests to bump up their charges then you are blaming the wrong people - blame the trial lawyers. Doctors are forced to run every and any test on you possible to ensure that they are not sued for "Negligence" because they did not detect a health problem. Simple Tort Reform would reduce incidences of these unneccessary tests and seriously reduce healthcare costs for the average person. If you are referring to the insurance providers, then again, you are blaming the wrong group of people. If the insurance providers were permitted to compete ACROSS state lines then that would significantly reduce premiums. Right now almost 1/2 of all states are considered to be under a healthcare monopoly where only 1 or 2 major insurers are providing coverage. Allow free-market capitalism to work and this prblem also goes away.

There are other legislative options as well without having to have the government "Control" your healthcare. The Congress could force insurers to provide co-ops, force the insurance companies to operate as non-profits etc... BUT "reform does NOT necessarily require that the government take control!

Next, tax forms... they are NOT sent to the government, they are sent to the IRS who is tasked with assessing taxes. THAT is the very purpose of filing said taxes. The concern here is that some third-party bureaucrat will be looking at your personal financial information when they have no legal interest in your tax-assessment - a clear violation of law! The purpose of peeping at your financial data is to determine HOW MUCH one should pay for their coverage. Again, if everyone is provided the same care, then all should be paying the same rate! Otherwise you are applying punitive measures against an individual for their God-given right to healthcare based on how much money they make. This runs counter to everything the Constitution has ever stood for. This slippery slope simply leads to Robinhood politics which has destroyed every economy employing those technoques. Don't believe me? Name for me ONE single government or civilization who has succeeded employing confiscatory socialism!

Finally, I have no idea what your final argument is even implying! Social Security is mutally exclusive of Medicare and Medicaid - so what was the point again???



posted on Sep, 29 2009 @ 10:12 AM
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I've already been called a racist for disagreeing with it once. I'm not sure
I can bear the label again.



posted on Sep, 29 2009 @ 10:33 AM
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reply to post by jimmyx
 





you know...why is it that the people that don't want the government to give you healthcare, are the ones that have enough money to not worry about it. i'm sure that professor gave back any money he recieved for his healthcare at that college...yeah right


Why don't people get together and form a co-op of sorts. You could eliminate the bloated and fraudulent insurance industry, you could eliminate the involvement of an inefficient wasteful Government, you could even eliminate the excessive markup of hospitals (look to the shriners for a good model). Why empower a Government that clearly has only the Corporate interest at heart when you can empower yourself and retain your Constitutional rights?



posted on Sep, 29 2009 @ 10:46 AM
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Anyone who wants the federal or even state government to run a program which has any direct impact on them is either a complete fool or hasn't had the prior experience of seeing how well government manages things.

The corruption and personal agendas have combined with a form of government which has been allowed to grow far beyond its talents, resources and capabilities. Tyranny is not just a side effect of evil men, it is most often found in the crushing of the citizen beneath massive wheels of bureaucracy which are no longer able to be steered or God forbid, stopped when needed.

The hallmarks of the US Federal system as it exists today are injustice and inconsideration propelled forward by incompetence and misdirection.

In short, it does more harm than good and has been so for a long, long time.

Our desire for an automatic government we can ignore and avoid participation in has allowed that government to be taken over by people who desire money, power, immunity from criminal offenses and in the worst cases pure sociopaths who are nothing more than serial killers dressed in dark blue suits.

The biggest joke of all is the continued belief that choosing one party over another will make any real difference. We can set aside belief in the Easter Bunny and Santa Claus yet our selfish need for the luxury of ignorance allows otherwise intelligent people to disregard real and great evil while it laughs in your faces.

We can achieve fair and compassionate health care without creating yet another Federal fiefdom. As always the goals within the federal solution to the problem are not designed to solve even a single issue but instead are going to be built so the powerful grow more so, the wealthiest grow richer and the darker agendas of tyranny and murder reach even more victims.

We need real solutions to very real problems, handing responsibility for those solutions to someone who can really fix them is the only way forward. That means we need to eliminate as much of the Federal governments control of things as possible. They've proven they cannot and will not do the job so why keep giving them more and more work to fail with?

It really saddens me that so many people who could seem to see the problems during the Republican's time at the helm can be so blind simply because a Democrat is now holding the wheel. Nothing has changed, nothing is being fixed and the same mistakes are moving forward every day. War, greed, tyranny and the loss of freedom - all those things are growing in scale, not reversing.

As usual, our society is at the mercy of our weakest citizens. The least informed and most "controlled" among us will be the end of us all. The longer they take to face reality the more difficult fixing things will be, if we can even do so by then.



posted on Sep, 29 2009 @ 10:47 AM
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reply to post by wonderworld
 


Well one problem, perhaps the person that read the bill as by the OP and used constitutional law forgot to see that the health care reform is not about government running healht care, is about forcing tax payer to buy insurance coverage provided by private health care insurance or get penalized, as we already have health care run by government is call Medicare and Medicaid, proposed into the bill is also to lower the limits on Medicare coverage for government to be able to offer it as public option, still pay by tax payer.



posted on Sep, 29 2009 @ 11:16 AM
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Since this thread is a virtual duplicate of this thread....I'll just duplicate my response from there.



Tripe.......

Don't you think it odd that a lawyer versed in "constitutional law" did not cite any specific sections of HR 3200 and explain why his interpretation is correct? Hmmm? In fact, he only offered as sources the U.S. Constitution and the Bill of Rights. He doesn't even have the academic integrity to link and source the actual bill.

What he does have is a new, soon to be released, fictional novel....described as;

a story of America set in the not so distant future. It is a story of the American people who sudddenly [sic] find themselves having to fight for the fundamental freedoms that they have always cherished and often taken for granted. It is a story of treachery, espionage, treason, tragic loss, and tremendous valor by the diverse people who are proud to call themselves Americans. Ultimately, it is a story of people who risk everything for liberty.


I'll give him some chops for having learned a bit about alliteration and foreshadowing.



posted on Sep, 29 2009 @ 11:28 AM
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I have been loath to reply to any of the current health care debate threads but I have reached the point where I can't help myself. I have read one version of the bill now before Congress, and I will say this: there are some scary things in that particular bill (don't remember the bill number, but it doesn't matter, I don't think there's a dimes difference in any of them), but there is also some misinformation floating around also. My biggest issues with any form of socialized medicine are this:

1.) Government control. I think it was Reagan that said "The most frightening words ever uttered are 'Hello, I'm from the Government and I am here to help'".

2.) Expense. This healthcare reform movement is going cost BIG BUCKS. It will never be paid for. EVER. It will suck up vast quantities of resources (Read - TAX DOLLARS). The money will have to come from somewhere. Where do you think it will come from? I know, I know, if they run short, the Fed will just print more. Comforting, eh?

I don't have the greatest health insurance, but I think I would rather take my chances with my health than with my freedoms.



posted on Sep, 29 2009 @ 05:06 PM
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reply to post by cranberrydork
 


You mention a duplicate. There is also another; one that I started about

Attacked as unconstitutional invasion of privacy

There are several ways in which it violtes the Bill of Rights. If every citizen and non-citizen in the uS got say (medicare) can you imagine the price of that. The point is to cut costs, therefore cut services and quality of care. It would be disaterous.



posted on Sep, 30 2009 @ 11:47 AM
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Originally posted by wonderworld
reply to post by cranberrydork
 


You mention a duplicate. There is also another; one that I started about

Attacked as unconstitutional invasion of privacy

There are several ways in which it violtes the Bill of Rights. If every citizen and non-citizen in the uS got say (medicare) can you imagine the price of that. The point is to cut costs, therefore cut services and quality of care. It would be disaterous.


First, your source in your thread is guilty of a number of journalistic mistakes. Nowhere in his article does he demonstrate where an "attack" has taken place, either literally or semantically. He's simply chosen an hyperbolic title to draw in readers with little to no capacity for critical thought or reasoning skills.

And he successfully got you to parrot his poorly supported ideas on a different Internet venue.

Second, if there are "several ways in which it violtes [sic] the Bill of Rights", please be so kind to list and explain those instances so that we may explore them and arrive at some truthfulness. 'Kay?



posted on Sep, 30 2009 @ 11:55 AM
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Originally posted by DisgustedOne
It will suck up vast quantities of resources


It is already sucking up "vast quantities of resources".....roughly 16% of Gross Domestic Product.

This country cannot and will not compete globally with that kind of drag on production, relative to the results.




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