Warning: This will be lengthy
I received this email a few days ago, forwarded by a childhood friend of mine who is quite intelligent, and , I thought, fairly reasonable and rational. As she's not the author of the illogical piece of trash I'll quote in a moment, I'll reserve any judgement and simply consider that she probably shares the neo-con political views of her parents. Needless to say, I do not, a fact of which she is apparently not aware when forwarding this drivel.
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
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
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
health care 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
If you decide not to have
health care 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
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
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.
Constitutional Law Instructor
Carrollton , Texas
Well, there are some issues I can't argue here, since Mr. Connelly wasn't kind enough to actually link the bill itself. For one, I can't imagine how he could be privy to that information being a Constitutional Law instructor at where ever he may be (There are no accredited colleges or universities listed in Carrollton, TX)Since that's an argument from personal ignorance, let's give credit where none is likely due and pass over that issue altogether.
If by rationing of health care the author means that health care will be provided only to those who actually need that care, as determined by a medical professional, he's probably right, and I fail to see a problem with this. I personally don't want to pay for health care that I don't need, nor, I assume, would he. Other nations with nationalised health care actually provide services for everyone who's there, so giving care to "illegal immigrants" is a certainty if we follow working models. There's something rather inhumane about denying someone needed medical services because they talk funny, or were born elsewhere, so I invite you to consider the motives behind the author's complaint. I'd guess he doesn't like brown people much, but that's a bit hasty, we can find that out from further conversation (or could if he'd bothered to allow a way to respond personally to his diatribe). Abortion happens to be legal in this country, courtesy of Roe v. Wade, so the complaint that a new system would fund abortion is likely motivated religiously. Likewise the complaint that health care providers will be forced to provide a legal service to their constituents. "Family Planning" clinics that don't provide abortions, and even fail to refer patients to places who do, aren't all that scarce. Perhaps we can lift the misogyny long enough to correct this? I somehow doubt that Mr. Connelly has ever been in the position to require one himself, so it's not like he can add a valid viewpoint to the discussion. Alas, that complaint seems to be seated in the political and religious viewpoint that has respect for embryonic life but none for humans that can actually walk and talk.
Health care is currently regulated by insurance bureaucrats, most of whom are not health care professionals but paper-pushing clerks who are trying to maximise their profits. Comparing this to the proposed system wherein government bureaucrats would take their place, it amounts to a draw at worst. It's also possible that the government version, not driven by profits, might be just a bit less obnoxious to deal with and result in fewer medical expenses for the patient.
The author asserts that the balance of power between the branches of government will be compromised by a new health care system. He fails to supply anything resembling evidence for this assertion, so I can dismiss it with a similar lack of evidence.
For an instructor of constitutional law, this man's grasp of the constitution seems rather poor (so does his logic for a former attorney, for that matter). I'd speculate that he chased ambulances for a living, but ad homenem aside, we can simply examine his arguments as they stand.
3rd and 4th Amendments> The author maintains that the government having access to your healthcare records, in an effort to maintain that care, amounts to unreasonable search and seizure. Search and seizure of what, exactly? This bases itself on the assumption that there is something sinister involved here, rather than the exact same forces in play that your current health insurance apply. If we really want to get snarky, we can always consider that the Patriot Act did the same thing for any form of electronic communication you might have used while it applied. I'm siginicantly less concerned about the Obama administration having access to my medical records than I am (or was) about Bush and his theocrats having access to anything someone who might not agree with them said on the phone or in an email.
5th Amendment> The argument amounts to stating that paying taxes is tantamount to seizure or property without due process. While that may be a typical Libertarian view, it hasn't been applied to the rest of our tax system, and it's a function of a governed capitalist society that the government has to have money to operate. Somehow I don't see the author of that email donating to them.
The responses to the 9th and 10th Amendments are rather telling, as is the "I defy anyone to show me where it says in the Constitution that the government can regulate health care". Well, Mr. Connelly, since the medical profession in 1789 was also the same profession that was quite capable of giving you a nice shave and a haircut, whilst chopping off a limb or bleeding you because of poor "humours" in the blood, I imagine the founders didn't even consider giving that power explicitly to anyone; Nor did they implicitly give the federal government the power to regulate any other industry, say drug and food safety or worker's rights. As an instructor of Constitutional law, you must surely understand these things we call "implied powers"? We've been using them for about two centuries now.
It's entirely possible that the good lawyer is simply a genuine State's Rights man, of the sort that thinks they should still own slaves and lost a certain war over state's rights about 150 years ago. If so, he should consider encouraging his god-bot infested hellhole of a state to secede again. We wouldn't miss them, and I certainly wouldn't miss the bullshit arguments that he thinks he's provided.
Perhaps the map isn't so far off, but at least that little nation within a nation has shrunk since the map was designed.
Addendum In the interest of fairness, whomever originated the email left off the contact info, not the author. Michael Connelly can be contacted at firstname.lastname@example.org , and his blog can be found here.