The Constitutionality of Health Care Bill

Michael Connelly, is a former U.S. Army Officer and a Constitutional Attorney in Louisiana.

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 Stateswill 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, to 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 to protection against unreasonable searches and seizures. A direct violation of the specific provisions of the 4th Amendment to the Constitution. 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 of 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

The bottom line this never was about healthcare it was about control of the American People. We have lost our rights!
The Fight has only just began!

Michael Mack
An American

Press 1 for English and if your an American

Andy Rooney
said on '60 Minutes' a few weeks back:

'I don't think being a minority
makes you a victim of anything except numbers.
The only things I can think of that are truly
discriminatory are things like the United Negro
College Fund, Jet Magazine, Black Entertainment
Television, and Miss Black America. Try to have
things like the United Caucasian College Fund, Cloud Magazine, White Entertainment Television, or Miss White America ; and see what happens.
Jesse Jackson will be knocking down your door.

Guns do not make you a killer. I
think killing makes you a killer. You can kill
someone with a baseball bat or a car, but no one is
trying to ban you from driving to the ball game.

I believe they are called the
Boy Scouts for a reason, which is why there are no
girls allowed. Girls belong in the Girl Scouts! ARE
YOU LISTENING MARTHA BURKE ?

I think that if you feel homosexuality is wrong, it is
not a phobia, it is an opinion..

I have the right 'NOT' to be
tolerant of others because they are different,
weird, or tick me off.

When 70%
of the people who get arrested are black, in cities
where 70% of the population is black, that is not
racial profiling; it is the Law of Probability.

I believe that if you are selling me a milkshake,
a pack of cigarettes, a newspaper or a hotel room,
you must do it in English! As a matter of fact,
if you want to be an American citizen, you should
have to speak English!

My father and
grandfather didn't die in vain so you can leave the
countries you were born in to come over and
disrespect ours.

I think the
police should have every right to shoot you if you
threaten them after they tell you to stop. If you
can't understand the word 'freeze' or 'stop' in
English, see the above lines..

I don't think just because you
were not born in this
country, you are qualified for any special loan
programs, government sponsored bank loans or tax
breaks, etc., so you can open a hotel, coffee shop,
trinket store, or any other business.

We did not go to the aid of
certain foreign countries and risk our lives in wars
to defend their freedoms, so that decades later they
could come over here and tell us our constitution is
a living document; and open to their
interpretations.

I don't hate the rich I don't pity the poor

I know pro wrestling is fake,
but so are movies and television.
That doesn't stop you from watching
them..

I think Bill Gates has
every right to keep every penny he made and
continue to make more. If it ticks you off,
go and invent the next operating system that's
better, and put your name on the building.

It doesn't take a whole village
to raise a child right, but it does take a parent to
stand up to the kid; and smack their little behinds
when necessary, and say 'NO!'

I think tattoos and piercings
are fine if you want
them, but please don't pretend they
are a political statement.
And, please, stay home until that
new lip ring heals.
I don't want to look at your ugly
infected mouth as you serve me French fries!

I am sick of 'Political
Correctness.' I know a lot of black people, and not
a single one of them was born in Africa
so how can they be 'African-Americans'?
Besides, Africa
is a continent. I don't go around saying I am a
European-American because my great, great, great,
great, great, great grandfather was
from Europe.
I am proud to be from America
and nowhere else..

And if you don't like my point of view, tough....

I PLEDGE ALLEGIANCE TO THE FLAG,
OF THE UNITED STATES OF AMERICA,
AND TO THE REPUBLIC, FOR WHICH IT STANDS,
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY
AND JUSTICE FOR ALL!

I was Confused but now I Understand!

I became confused when I heard the word 'service' used
with these agencies.

Internal Revenue 'Service'

Postal 'Service'

Telephone 'Service'

Cable TV 'Service'

Civil 'Service'

State, City, County & Public 'Service'

Customer 'Service'


This is not what I thought 'service' meant.


But today, I overheard two farmers talking, and one
of them said he had hired a bull to 'service' his cows.

BAM!!! It all came into focus. Now I understand
what all those agencies are doing to us.

A Short Spelling Lesson

The last four letters in American...........I CAN

The last four letters in Republican.........I CAN

The last four letters in Democrats..........RATS


End of Lesson!

Tarzan Then and Now

I was at the store yesterday, and I ran into Tarzan! I asked him how it was going and if he was into anymore movies.

He told me that he could no longer make any more movies as he had severe arthritis in both shoulders and could no longer swing from vine to tree.

I asked how Jane was doing, he told me she was in bad shape, in a

nursing home, has Alzheimer's and no longer recognizes anyone, how sad.

I asked about Boy, and he told me that Boy had gone to the big city, got hooked up with bad women, drugs, alcohol, and the only time he heard from him was if he was in trouble or needed something.

I asked about Cheeta, he beamed and said she was doing good, had grown up, married a Lawyer and now lived in the White House!!!

Obituary or Resurrection?

Born 1776, Died 2008
It does not hurt to read this several times.
cid:F9C8C8CB2B244706B8358E22A5C2C14E@BI1

Professor Joseph Olson of Hamline
University School of Law , St. Paul, Minnesota
, points out some interesting facts concerning last November's Presidential election:

Number of States won by:
Obama: 19 McCain: 29

* Square miles of land won by: Obama:
580,000 McCain: 2,427,000

Population of Counties won by:
Obama: 127 million McCain: 143 million

Murder rate per
100,000 residents in counties won by:
Obama: 13.2 McCain: 2.1

Professor
Olson adds: "In aggregate, the map of the territory
McCain won was mostly the land owned by the taxpaying
Citizens of the country.

Obama territory mostly encompassed those citizens living
In low Income tenements and living off various forms of government
Welfare..."

Olson believes the United States is now
Somewhere between the "complacency and apathy" phase of
Professor Tyler's definition of democracy, with some forty percent of
The nation's population already having reached the "governmental
Dependency" phase.

If Congress grants amnesty and
Citizenship to twenty million criminal invaders called
Illegals and they vote, then we can say goodbye to the USA in fewer than five years.

Here is my spin:

This weekend was Historic in the fact that 76% of the American people were against the Health Care Bill..Not against Reform, but against this Bill. due to cost and the far reaching control in our lives.
It will soon be a crime to not have health insurance with a penalty of $695.00 enforced by the IRS.

Now Get ready....Massive Immigration reform will introduced this week to legalize the illegals...so they vote in November....that is the real reason.
The bottom line is;
Health Care cost will explode.
This a job killer not a job creator.
Taxes for individuals and corporations will increase.
The free lunch promised by President Obama of increased coverage to more people with reduced costs is a pipe dream!

There are examples of creative accounting to dupe the public:

Enron,U.S.-based energy trading firm Enron reported earnings of more than $100 billion in 2000. So when Enron collapsed a year later, the financial community was stunned.
Employees lost jobs and pensions. Some investors lost their entire life savings in what became the largest bankruptcy in American history. Top Enron officials were later found guilty of fraudulent accounting practices and of trying to hide hundreds of millions of dollars in debt.

Worldcom was next. The telecommunications company was once among the most powerful in the world. But a 2002 investigation by the U.S. Securities and Exchange Commission found company officials had inflated the value of the company's assets by 11 billion dollars.

The House of Representatives led by Nancy Pelosi and the Senate led by Harry Reid, and the Executive branch led by President Obama are the most corrupt, divisive leaders in government I have seen in my lifetime.
If they were a public company they would be in jail as Enron and Worldcom. The accounting system used to sell Health Care stinks and was disingenuous. The true cost will be more like $2.4 Trillion not $900 Billion.

Wendell Rawls, who won a Pultizer Prize for investigative journalism said,
"You have to shine lights in the corners and expose those who are trying to cut corners and those who are trying to skirt the law and you have to make government accountable at every level," he said. "You have to make anybody who profits on the backs of the American people or the people of the world, accountable for how they're making their money and who they are abusing and how they are abusing them."

Remember March 21, 2010 where you were when you heard the Health Care Bill was passed and signed into law March 23, 2010.

We may have lost the battle but we have not lost the war. The Liberal Democrats are banking on the American people getting tired and will forget all this by November 2010 and November 2012.

As Winston Churchill said in one of his most memorable speeches.
"Never give in. Never give in. Never, never, never, never--in nothing, great or small, large or petty--never give in, except to convictions of honor and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy."

I will never forget! I will will Remember!

Michael Mack
An American

MyNnew Favorite Joke

Guy goes into a bar, there's a robot
bartender. The robot says, "What will you have?" The guy says,
"Martini." The robot brings back the best martini ever and says to
the man, "What's your IQ?" The guy says, "168".

The robot then proceeds to talk about
physics, space exploration and medical technology.

The guy leaves, but he is curious, so he goes back
into the bar. The robot bartender says, "What will you have?" The
guy says, "Martini". Again, the robot makes a great martini, gives
it to the man and says, "What's your IQ?" The guy says, "100."

The robot then starts to talk about Nascar,
Budweiser and John Deere tractors.

The guy leaves, but finds it very interesting, so he
thinks he will try it one more time. He goes back into the bar. The
robot says, "What will you have?" The guy says, "Martini", and the
robot brings him another great martini.. The robot then says,
"What's your IQ?" The guy says, "Uh, about 50."

The robot leans in real close and says, "So,
you people still happy you voted for Obama?"

Happy St. Patricks Day

"May the Irish hills caress you.

May her lakes and rivers bless you.

May the luck of the Irish enfold you.

May the blessing of Saint Patrick behold you.

May the wings of the butterfly kiss the sun.

And find your shoulder to light on.

To bring you luck, happiness and riches.

Today, tomorrow and beyond.

May your glass be ever full.

May the roof over your head be always strong.

And may you be in heaven half an hour

before the devil knows you're dead."

Happy St. Patrick's Day - Erin go Braugh!

A Texas Cowboy and Obama

A cowboy from Texas attends a social function where Barack Obama is trying to gather support for his Health Plan. Once he discovers the cowboy is from President Bush's home area, he starts to belittle him by talking in a southern drawl and single syllable words.

As he was doing that, he kept swatting at some flies that were buzzing around his head. The cowboy says, "Y'all havin' some problem with them circle flies?"

Obama stopped talking and said, "Well, yes, if that's what they're called, but I've never heard of circle flies."

"Well, sir," the cowboy replies, "Circle flies hang around ranches. They're called circle flies because they're almost always found circling around the back end of a horse."

"Oh," Obama replies as he goes back to rambling.

But, a moment later he stops and bluntly asks, "Are you calling me a horse's ass?"

"No, sir," the cowboy replies, "I have too much respect for the citizens of this country to call their president a horse's ass."

"That's a good thing," Obama responds and begins rambling on once more.

After a long pause, the cowboy, in his best Texas drawl says, "Hard to fool them flies, though."