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November 5, 2009

constitution_preamble_people_htmlWhen I received this e-mail from my neighbor, Lena Harrison, I checked out the authenticity before posting it (always do.)  It’s legit and informative.  Definitely worth the read. 

Subject: From a Constitutional Law Instructor

We probably have been guilty of thinking it was just about healthcare. When you read this you will find that is really not the case. It is about much, much more. Hopefully you will take the time to read it because you are sure not going to find out about it from the major newspapers and television stations.

Michael Connelly

Retired attorney,

Constitutional Law Instructor

Carrollton , Texas

The Truth About the Health Care Bills – Michael Connelly, Ret. Constitutional Attorney 08.24.09

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.

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: hibits/charters/constitution_transcript.html

And another to the Bill of Rights: hibits/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

Larkin E. Garcia



Office:  (505) 665-8543

FAX:    (505) 667-2630

Cell:    (505) 699-2058

For updates on Mr. Connelly’s article, you can go to:

2 Comments leave one →
  1. Joseph Golightly permalink
    March 20, 2010 1:14 pm

    We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

    Dear Sir:
    Tell me, Mr. Michael Connelly, Retired attorney, Constitutional Law Instructor, Carrollton, Texas…
    Have you done a similar analysis of the startlingly fast legal construct known as the “‘Patriot’ Act?” The day that THAT was signed into law was the day that in my viewpoint, a shovel full of dirt was thrown onto the US Constitution. And in contrast to you, I believe that basic health care is a RIGHT of Americans (citizens), as alluded to in the Preamble to the Constitution: “…promote the general welfare…” Healthcare in this country should be woven into the national fabric every bit as much as “…provide for the common defence(sic)..,” as a Constitutional mandate. I don’t believe basic healthcare should be a for-profit industry. I don’t want my healthcare to suffer because some insurance clerk is trying to make his end-of-month quota (of denials). Sure, for those who have extraordinary resources, let them buy all the nip-and-tuck, augmentation, liposuction, hair implant enhancements their vain little hearts desire, through hoity toity insurance plans, if insurers think they can reap huge profits at this. But basic healthcare, I believe, is a right. If it weren’t for the corporately owned and Obama-loathing Republican body of Congress, we would have Universal healthcare, instead of this hacked-up abortion of a healthcare bill that has some good features and way too much crap. It still goes down as a windfall for the insurance industry, which is repugnant. But it’s a start. If we were to achieve Universal healthcare in this country, there would be no more health insurance monkey on the back of corporate America, and US corporations could compete with all the other industrialized nations more effectively. (Or maybe the Fortune 500 boardrooms don’t care whether they use an American workforce or not… maybe national patriotism is just a quaint little notion for the rubes…)
    Back to the main subject, what do you think the “‘Patriot’ Act” did to our Constitutional guarantees? Unreasonable searches and seizures? “…nor be deprived of life, liberty, or property, without due process of law?” How did the checks and balances and separation of powers hold up in the aftermath of the Patriot Act? and so on…
    I’d be curious to hear your honest appraisal.

    • March 20, 2010 7:32 pm

      You certainly make some interesting statements, but to speak with Mr. Connelly directly, I would go to his web site.

      The opinion of this blog author is this:

      Michael Kucinich just stepped off of Air Force One with a different opinion. He changed his vote from nay to yea. Hmmm…. he cites one reason for his decision as being the deficit. Well, how about the elderly? What about the cost to them?

      Yes, there could be a more equitable distribution of health care, but even with this plan, it will never be equitable. The wealthy will still have access to the best doctors and care and the rest? The nightmare that can ensue could be worse than we have now. We shall see.

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