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Retired Constitutional Lawyer has read the Health Care Bill

 
Anonymous Coward
User ID: 768085
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01/13/2010 03:28 PM
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Retired Constitutional Lawyer has read the Health Care Bill
This is an email I received today that I thought was important enough to pass on here to GLP.

I verified it at Snopes also.
[link to www.snopes.com]

The Truth About the Health Care Bills - 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

This is the single most important piece of legislation that we must somehow try to stop from passing. We are totally screwed if this passes.
pikeman121

User ID: 747045
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01/13/2010 03:37 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
If anyone tries bombing D.C., I wouldn't stop em at this point.
anonanon
User ID: 864148
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01/13/2010 03:37 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
The gentleiman is correct. Much of it is unconstitutional and based on the premise that it is within the federal powers to regulate health care practices.

It is not and all those opposed need to be funneling money into a fund that will challenge it in the federal courts and the Supreme Court.

Has to be done immediately upon passage so the court can be asked to issue an order that prevents any and all imposition of taxes based on an unconstitional law as well as an order that prevents the creation of any of the 100 or so new federal agencies the law would create.

I would think that those who put together the Tea Bag Parties would be the people to do this.
Anonymous Coward
User ID: 526155
Canada
01/13/2010 03:38 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
5aPIN THIS! 5a
Anonymous Coward (OP)
User ID: 768085
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01/13/2010 03:41 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
The gentleiman is correct. Much of it is unconstitutional and based on the premise that it is within the federal powers to regulate health care practices.

It is not and all those opposed need to be funneling money into a fund that will challenge it in the federal courts and the Supreme Court.

Has to be done immediately upon passage so the court can be asked to issue an order that prevents any and all imposition of taxes based on an unconstitional law as well as an order that prevents the creation of any of the 100 or so new federal agencies the law would create.

I would think that those who put together the Tea Bag Parties would be the people to do this.
 Quoting: anonanon 864148


I agree with that! It will pass, but people must challenge these violations in court.
Anonymous Coward (OP)
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01/13/2010 03:43 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
We need to vote OUT any of these fuckers that vote for this thing. It's the only peaceful way to send them the message.
THOR

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01/13/2010 03:47 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
We need to vote OUT any of these fuckers that vote for this thing. It's the only peaceful way to send them the message.
 Quoting: Anonymous Coward 768085



lol... Vote them out? And replace them with more thieves with the same agenda? lol.... Got rope? That sends a clear message to mobsters. It's like the big kid in the school taking your lunch money. He'll do it till you stop him....
Anonymous Coward (OP)
User ID: 768085
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01/13/2010 03:51 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
We need to vote OUT any of these fuckers that vote for this thing. It's the only peaceful way to send them the message.



lol... Vote them out? And replace them with more thieves with the same agenda? lol.... Got rope? That sends a clear message to mobsters. It's like the big kid in the school taking your lunch money. He'll do it till you stop him....
 Quoting: THOR


Well, what do you suggest we do?
Anonymous Coward
User ID: 792569
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01/13/2010 03:51 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
We need to vote OUT any of these fuckers that vote for this thing. It's the only peaceful way to send them the message.
 Quoting: Anonymous Coward 768085



start in MASS and ted kennedys VACANT SEAT ...

DO NOT VOTE IN THE DEMOCRAT in this race ....

if you know anyone in MASS please explain to them to please vote in the lessor of two evils ( republican ) for the moment

so we can get rid of the 60 vote stranglehold in snate and SLOW DOWN all this crap for a minute

there is a chance to stop HEALTHCARE bill if mass does right thing and puts the republican in the seat for a bit
Anonymous Coward
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01/13/2010 03:53 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
I still think we should all be on the same plan as Congress is right now!

They, by law, cannot make us do something they do not have to do. But you can be sure, they have no intention of changing their healthcare plan.

AND what about government employees? Will they be under this new plan? I would be surprised if they were.
Anonymous Coward
User ID: 792569
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01/13/2010 03:53 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
We need to vote OUT any of these fuckers that vote for this thing. It's the only peaceful way to send them the message.



start in MASS and ted kennedys VACANT SEAT ...

DO NOT VOTE IN THE DEMOCRAT in this race ....

if you know anyone in MASS please explain to them to please vote in the lessor of two evils ( republican ) for the moment

so we can get rid of the 60 vote stranglehold in snate and SLOW DOWN all this crap for a minute

there is a chance to stop HEALTHCARE bill if mass does right thing and puts the republican in the seat for a bit
 Quoting: Anonymous Coward 792569



that Scott guy that is running republican for that seat had a GREAT statemnet in one and only debate .. a debate in which he killed the democrat

the liberal moderator asked him if he was prepared to kill the health care bill if elected and how could he do that knowing he was taking over TED KENNEDYS SEAT ??

he responded ... THIS IS NOT TED KENNEDYS SEAT or THE DEMOCRATS SEAT ... IT IS THE PEOPLES SEAT!!!!!!!!!!!!!!!!!!


fucking awesome imho
Anonymous Coward
User ID: 762208
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01/13/2010 03:55 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
Pin please!
Anonymous Coward
User ID: 859203
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01/13/2010 03:56 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
bump clappa if you are out of pins use this spearhorsepoop
Anonymous Coward (OP)
User ID: 768085
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01/13/2010 04:00 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
Has anyone heard what the estimate premium costs per family would be under the plan?
Anonymous Coward
User ID: 793891
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01/13/2010 04:00 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
It doesn't take a constitutional lawyer to know that the bill is unconstitutional. I think it is a ploy to tax the shit out of us for a "good cause". The courts declare it unconstitutional before the "benefits" ever start and they keep the money. Our government needs an enema!
Anonymous Coward (OP)
User ID: 768085
United States
01/13/2010 04:03 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
We need to vote OUT any of these fuckers that vote for this thing. It's the only peaceful way to send them the message.



start in MASS and ted kennedys VACANT SEAT ...

DO NOT VOTE IN THE DEMOCRAT in this race ....

if you know anyone in MASS please explain to them to please vote in the lessor of two evils ( republican ) for the moment

so we can get rid of the 60 vote stranglehold in snate and SLOW DOWN all this crap for a minute

there is a chance to stop HEALTHCARE bill if mass does right thing and puts the republican in the seat for a bit



that Scott guy that is running republican for that seat had a GREAT statemnet in one and only debate .. a debate in which he killed the democrat

the liberal moderator asked him if he was prepared to kill the health care bill if elected and how could he do that knowing he was taking over TED KENNEDYS SEAT ??

he responded ... THIS IS NOT TED KENNEDYS SEAT or THE DEMOCRATS SEAT ... IT IS THE PEOPLES SEAT!!!!!!!!!!!!!!!!!!


fucking awesome imho
 Quoting: Anonymous Coward 792569


Everyone in the house and senate needs to be reminded of that fact!!!
Anonymous Coward
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United States
01/13/2010 04:06 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
bump
Anonymous Coward
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01/13/2010 04:10 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
We need to vote OUT any of these fuckers that vote for this thing. It's the only peaceful way to send them the message.



lol... Vote them out? And replace them with more thieves with the same agenda? lol.... Got rope? That sends a clear message to mobsters. It's like the big kid in the school taking your lunch money. He'll do it till you stop him....


Well, what do you suggest we do?
 Quoting: Anonymous Coward 768085



Not the answer but:A good old fashioned tar and feathering, televised of course, would be a good start.. And since I for one do not like to waste fuel. I would set them on fire and let the homeless around DC warm themselves. Listen folks the Gov. will not hesitate to use violence against you we should also not shy from the righteous use of force to secure our INDIVIDUAL freedom which, by the way, is what they are supposed to be doing
GraftedPromise
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01/13/2010 04:15 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
.
... it is a power grab when they use the IRS! ...
.
... keep thinking if the ballots don't work ... ! ...
.
... and ... the violence is NOT going to start with the conservatives ... BUT WITH THE PROGRESSIVE LIBERALS! ...
.
2012gregg

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01/13/2010 04:18 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
We need to vote OUT any of these fuckers that vote for this thing. It's the only peaceful way to send them the message.
 Quoting: Anonymous Coward 768085

all of 'em, republicans and democrats

from here on out, 3rd party candidates all the way!!!
Anonymous Coward
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01/13/2010 04:19 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
This is just more of the same old claims... "it includes rationing." Well, sure, though far LESS rationing than what we have now, fucktards.
Casara
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01/13/2010 04:25 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
I had received this email also. It was, in my case, being circulated by a local paramedic, and it is being taken very seriously.
Anonymous Coward
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01/13/2010 04:26 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
Geez, grandpa. Go back to retirement.

A 9th & 10th Amendment problem with the Health Care Reform bill?

rofl

Talk about falling back on vague catch-alls in the absence of having any point.
Anonymous Coward (OP)
User ID: 768085
United States
01/13/2010 04:29 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
This is just more of the same old claims... "it includes rationing." Well, sure, though far LESS rationing than what we have now, fucktards.
 Quoting: Anonymous Coward 864178


When they take that respirator away from you or someone you care about because someone else is more deserving of it, we shall see! The FED is going to tell you what you need and make your health decision for you!!! Wake up!
Anonymous Coward (OP)
User ID: 768085
United States
01/13/2010 04:33 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
Thanks for the pin! Goofy Thum
ShadowDancer

User ID: 287857
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01/13/2010 04:34 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
time for some spic and span house cleaning throughout


I read most of it but few were listening-so they will figure it out soon enough

I have health care now but if I did not I would not want what they are offering-genocide wrapped in a bow...and illegal and egregious



Worst, far worst than what Veterans receive at leas they have review but in the current bill whatever the 'healthcare czar' says goes-NO REVIEW

It is a transfer of power and also mandating illegal acts as acceptable...when it clearly IS NOT


bump
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Anonymous Coward
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01/13/2010 04:42 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
The bottom line is that this Bill, should it become law, is unconstitutional.

Im not going to worry about it because I'm not going to obey it anyway.

If I am arrested for it so be it.
I am not going to follow an unconstitutional piece of legislation.

The power of our government is limited.
They may not think so themselves, but that is the reality of it.

Just don't obey it. its really that simple.
Zephyr333

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01/13/2010 04:47 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
The bottom line is that this Bill, should it become law, is unconstitutional.

Im not going to worry about it because I'm not going to obey it anyway.

If I am arrested for it so be it.
I am not going to follow an unconstitutional piece of legislation.

The power of our government is limited.
They may not think so themselves, but that is the reality of it.

Just don't obey it. its really that simple.
 Quoting: Anonymous Coward 17061

It will never ever be applied.
"I am searching for the bones of your father but cannot distinguish them from those of a slave." Diogenes

"Some have little power to do good, and have likewise little strength to resist evil" (Samuel Johnson).



"The basic difference between an ordinary man and a warrior is that a warrior takes everything as a challenge, while an ordinary man takes everything as a blessing or as a curse."--Don Juan
Anonymous Coward
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01/13/2010 04:48 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
The democRATS in the CONgress apparently need more of the taxpayers' money to throw into their bottomless moneypit, since they clearly are in league with the banksters.

AND they are undoubtedly practically dizzy with the power trip euphoria they are experiencing as they strip the average American citizen of all of their GOD-given rights.

Ironically, the most uneducated, physically unfit,and unhealthy cohort of the population, who elected these
scamming flim flammers, are the same individuals who will be deemed unworthy and unsalvageable when they experience their
"cardiac events" and metastatic cancer, despite the $TRILLIONS of dollars we don't have, that will be thrown down this rat hole.
Tann3100

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01/13/2010 04:54 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
Hell they cant even manage Tribal Healthcare I couldnt imagine a whole country there trying to do this to. Until the American people rise up they will keep trying to pluck away at those rights so many hold dear.

May the Great SPirit bless you

Take Care

Tann
Resister

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01/13/2010 04:59 PM
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Re: Retired Constitutional Lawyer has read the Health Care Bill
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security"

If this bill passes, it is time to exersise the second paragraph of the Declaration of Independence.
militia
"God forbid we should ever be 20 years without such a rebellion. The people cannot be all, & always, well informed... If they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty... Let them take arms... What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. " - Thomas Jefferson in 1787





GLP