From Michael Connelly - Retired attorney, Constitutional Law Instructor,
 Carrollton , Texas
 
 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:
 http://www.archives.gov/exhibits/charters/constitution_transcript.html
 
 And another to the Bill of Rights:
 http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
 
 There you can see exactly what we are about to have taken from us.
 
 Michael Connelly
 Retired attorney,
 Constitutional Law Instructor
 Carrollton ,  Texas

 

 

 

 

Paul Landers

Freshpoint South Texas

512.276.0681