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is obamacare unconstitutional?
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bumblethru
March 26, 2010, 10:54am Report to Moderator
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So why are people mad at the guy who called the President a liar?



  http://michaelconnelly.viviti.com/  

Michael Connelly is a Constitutional lawyer and has read the entire health care bill.  He has some comments, not just about the bill, but also about the effects to our Constitution it would have.  It's a much broader picture than just health care "reform."
    
THE TRUTH ABOUT THE HEALTH CARE BILL
  
Well, I have done it!  I have read the entire text of proposed House Bill 3200: fhe 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 bill and its implications is in fact true, despite what the Democrats and  the media are saying.  The bill 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 abortionservices, 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 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.

The paragraph below is really frightening.

This legislation also provides for access by the appointees of the Obama administration of all of your personal health care  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 health care 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 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 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 proposed bill, 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 were 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, if Obama and the left wing Democrats have their way.

Michael Connelly
Retired attorney,
Constitutional Law Instructor




When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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MobileTerminal
March 26, 2010, 12:58pm Report to Moderator
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Quoted from bumblethru
So why are people mad at the guy who called the President a liar?



  http://michaelconnelly.viviti.com/  

Michael Connelly is a Constitutional lawyer and has read the entire health care bill.  He has some comments, not just about the bill, but also about the effects to our Constitution it would have.  It's a much broader picture than just health care "reform."
    
THE TRUTH ABOUT THE HEALTH CARE BILL
  
Well, I have done it!  I have read the entire text of proposed House Bill 3200: fhe 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 bill and its implications is in fact true, despite what the Democrats and  the media are saying.  The bill 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 abortionservices, 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 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.

The paragraph below is really frightening.

This legislation also provides for access by the appointees of the Obama administration of all of your personal health care  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 health care 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 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 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 proposed bill, 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 were 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, if Obama and the left wing Democrats have their way.

Michael Connelly
Retired attorney,
Constitutional Law Instructor




Interesting, that article has been removed from his blog ... poof, gone.

The page you were looking for can not be found.

Please check the URL or go to the main page and see if you can locate what you are looking for.

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Sunnie57
March 28, 2010, 1:23am Report to Moderator
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No way is Obamacare constitutional.

I hope SCOTUS does the right thing and rules it unconstitutional, and won't it be funny when Obama criticizes them for abolisthing Obamacare at the NEXT state of the union like he did last time.
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senders
April 6, 2010, 3:56am Report to Moderator
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be careful....some things are red herrings........the fact remains that our leaders have lead us to believe in their (government ability) to get water
from the well because we are too stupid/weak/lazy/old/young/educated/uneducated etc...that we are not sure where the line of personal is compared
to community......

I dont know about anyone else....I dont want to live in a 'naked hippy commune' with my neighbors.....


...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......

The replacement of morality and conscience with law produces a deadly paradox.


STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS

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