Constitutional Problems with Obama’s Health Care Plan

There has been so much discussion of health care reform that I think it’s worth visiting this topic again for our understanding and prayers, so I’m passing along this essay from an attorney and teacher of constitutional law who actually went to the trouble of reading the entire bill.
Finally, someone did read the entire House Bill 3200:

The Affordable Health Care Choices Act of 2009

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 [Goodbye Aetna / Goodbye Blue Cross Blue Shield, etc.] 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

It looks to me like the biblical role of the government is to provide for the internal and international safety of their citizens. The U.S. government was formed to “establish domestic tranquility” so that we as individuals can pursue life, liberty, and happiness. No government can ultimately provide for our life and happiness; that’s something that each of us must take responsibility for providing for ourselves and our loved ones. We are fool-hearty and greedy to expect our government to provide for our personal needs such as jobs, cars, housing, care of our elderly…free abortions for unwanted children…etc. etc…even free health care. Let’s get to work and take care of ourselves and each other…not just look to the government to meet our needs.