Lindsey Williams 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 (First published in June 2012)
Retired attorney,
Constitutional Law Instructor
Carrollton, Texas
– See more at: http://www.lindseywilliams.net/the-truth-about-the-health-care-bills/#sthash.l4xHlJ4M.dpuf
I don’t give a rats a** what they say or do …
it’s all ILLEGAL !
If need be, they’ll drop like flies trying
to enforce it.
I know many others will do like wise….
Let the games begin !
I get the constant feeling that the people are being baited into a war with this ill conceived government. And I find it odd, because if the goal is to institute a world government there are far easier ways to do it. Hell you could make it a benevolent form and people would welcome it. However we never see anything benevolent, sensible, reliable or even humane come out of this group of criminals.
So if they want to start a conflict here there can only be one goal, and that is to kill people. The air is poisoned, the water is toxic, medicine does not really exist, and the food has all the nutrients removed by genetic modification. This is a short list, but it begs the question where do they plan to live? How do they hope to hide?
It should be plainly obvious that more people wake up every day and they are mad as hell. The attempts to bully and intimidate with the police forces is not working and the NDAA and other draconian laws are not scaring people enough. So they know we know who is behind all this.
Do they really think they can win this? Are they really that stupid? Sure a lot of people will die, and many of the ones perpetrating this will be among them.
Oh well I guess we have to provide the remedy used in the past and let the chips fall where they may.
As far the healthcare law, they can ram that.
Obummercare is only one facet of the multiple frauds being perpetrated against the American people. The founders cleverly included the requirement of an oath of fidelity to the constitution for members of all three branches of gov’t. and tasked the judiciary with enforcing that oath.
The key to unlock the cage we all find ourselves in at this time is the judiciary. This branch of government was created, in part, to protect the people from the ambitions and excesses of the other branches of government. Nearly all important issues are ultimately determined in a courtroom. Citizens no longer have direct access to grand juries and find that their complaints are first filtered through the political office of the district attorney. Litigants are routinely denied standing or due process in the courts to frustrate those who seek justice from the state.
In Marbury v. Madison the supreme court ruled that an unconstitutional statute is void “ab initio” or from it’s inception. It reasonably follows that one of the first issues before any court should be the constitutionality of the law involved. Judges swear an oath to support and defend the constitution, within which is found your right to due process of law. Why is it that a denial of due process, the very definition of a void judgement, never renders any judgement void or results in prosecution of the judge for perjury of his oath?
Judges are the gatekeepers of society. We depend upon them for redress and remedy. They have failed. In order to obtain remedy we must take back our courts by holding judges accountable.
“Jail For Judges” is a concept which creates an external review board to hear complaints of judges actions and negligence and to sanction judges up to and including imprisonment. When judges must choose between according due process to litigants and going to jail for failure to do so, that is when people will receive due process and not a minute before. When “Jail For Judges” becomes law in any single jurisdiction, i.e. any state of the union, a person need only move to that state long enough to establish residency in order to qualify to petition the court for vacation of a facially void judgement, which is the court record of a case which demonstrates a denial of due process.
People must qualify ballot initiatives to institute “Jail For Judges” and re-institute direct access for the public to grand juries to facilitate indictments against govt. actors who commit crimes. In this way the system may be used to purify itself and to return our country to a constitutionally restrained republic.