According to Snopes, the following is correctly attributed to Michael Connelly, Retired Attorney.
http://www.snopes.com/politics/soapbox/connelly.asp
A question many of us are asking. Is this healthcare thing constitutional?
A retired Constitutional lawyer has read the entire proposed healthcare bill.
Read his conclusions. This is stunning! The Truth About the Health Care Bill
- Michael Connelly, Ret. Constitutional Attorney
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, of all of your personal
healthcare direct violation of the specific provisions of the 4th Amendment to the Constitution 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
Retired attorney,
Constitutional Law Instructor
Carrollton , Texas
http://www.snopes.com/politics/soapbox/connelly.asp
A question many of us are asking. Is this healthcare thing constitutional?
A retired Constitutional lawyer has read the entire proposed healthcare bill.
Read his conclusions. This is stunning! The Truth About the Health Care Bill
- Michael Connelly, Ret. Constitutional Attorney
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, of all of your personal
healthcare direct violation of the specific provisions of the 4th Amendment to the Constitution 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
Retired attorney,
Constitutional Law Instructor
Carrollton , Texas
