Well, I have done it! I have read the entire text of House Bill 3200, a.k.a. 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 new law might be unconstitutional. What I found was far worse than what I had expected or heard.
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 new health care law does provide for rationing of health care, particularly where senior citizens and certain other classes of citizens are involved; free health care for illegal immigrants; free abortion services, and probable forced participation in abortions by members of the medical profession.
The bill also eventually forces private insurance companies out of business, and puts everyone into a government-run system. All decisions about personal health care will ultimately be made by federal bureaucrats, most of whom are not 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 up for the most massive transfer of power to the executive branch of government which has ever 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 access by the appointees of the Obama administration to all of your personal healthcare information; your direct violation of the specific provisions of the 4th amendment to the Constitution; your personal financial information; and all information about your employer, physician, and hospital. All of these are rights supposed to protect against unreasonable searches and seizures [per the U.S. Constitution's intent and provisions]. You can forget about your 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 of law clause of the 5th amendment. However, that 5th amendment will no longer apply work because there will be nothing in the law that allows you to contest or appeal the imposition of the tax, [which means] it is definitely depriving someone of property or right without the due process of law.
So, these 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 the new 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; and the 10th Amendment states that: the powers not delegated to the United States by the Constitution nor prohibited by it to the States are preserved to the States or to the people respectively. Under the provisions of the [new] piece of Congressional handiwork neither the people nor the States have any right or power of any kind 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 new law is not really 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 that I was violating that sacred oath or affirmation. And if I voted for it anyway, I would hope that the American people would not hold me accountable.
For those who might doubt the nature of this threat, I suggest they consult the original source: the U.S. Constitution and the U.S. Bill of Rights. There you can see exactly what we are about to have taken away from us.
By Michael Connelly
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