Tuesday, January 12, 2010

Health Care or Power?

Michael
Connelly, Ret. Constitutional Attorney


Well, I have done it!
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.

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


WE MUST HOLD CONGRESS ACCOUNTABLE BEFORE IT IS TOO
LATE.

Monday, January 4, 2010

Once In Every Year

The Constitution of The United States

Article 1. Section 4.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first day in December, unless they shall by law appoint a different Day.

This Article 1. Section 4. of the Constitution was changed by the Twentieth Amendment section 2. Ratified January 23, 1933
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of January, unless they shall by law appoint a different day.

By now you may be saying, who cares?

Why not use the Amendment process to be sure a majority of the people and the states agree that forced health care, that is not listed in any of the Articles of our Constitution, should be a right? Because the liberals and democrats can force it through a Capitol they control and debt money can be used to seal the deals with those who have no respect for our Constitution. The 2000 pages of tyranny would never make it through the Amendment process, that is why they need to force through forcecare.

Seventeen Amendments have been added to our Constitution since the first ten Amendments (The Bill of Rights) and along the way we decided that congress's requirement to work assemble at least once per year on a certain day was important enough to be included in the amendment process.

The Constitution of The United States Article. V.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.


Read some of the Amendments, 11 through 27 your self and decide where forced government run health care ranks, or maybe you prefer 51 or 60 Senators paid off with more debt money deciding something this important for you and future generations.

If you decide with the Senators prepare your self for even more polarization in our country because so far not one Republican agrees that this bill is the answer. A majority of the people and the states would like true health care reform with free market principals that also addresses tort reform and competition between the states.

See I told you so... Maybe one day in the year 2020 those in favor of this current health care bill will say; See I told you government run health care would be everything that was promised. Slim just left town.

I have lost all confidence in a government that spends close to a trillion dollars on every bill that is passed and is full of ear marks, it should be stopped. I do believe the more important crisis we have is a Debt Crisis and it should be addressed prior to any new spending bills.

With almost a year of discussion on the subject of health care, I am now sick of talking about it. Can you imagine how long we will be talking about health care if our Federal National government controls and polices 1/6 of our economy. Yes, Polices- after all it will need to be enforced. Their is a difference between a Federal (States and the people) and a National government, (Central power).

One more thought. The requirement for congress to work a minimum of one day per year should give you an idea of how much responsibility our founding fathers originally intended for our Federal government. The states were to take care of themselves with very little intervention from a central power.

HWR ************* Thirteen Stars Changed The World

Wednesday, December 30, 2009

The Point Of No Return

Re-Post from 1/22/09 Almost a year ago.

There will be a point of no return.

When 50% of the people become dependant on entitlements, a majority of the people will vote for the government run programs and the size of government will consume the free markets.

The democrat party uses my tax money to buy votes through making more and more people dependant on government. Once they control health care the middle class will be part of the welfare vote and the democrat party will have more and more power that will not be easily opposed. When Barrack Obama says it's going to get allot worse before it gets better, I agree.

I heard the president and others complaining today about how Merrill Lynch is spending the bail out money that was provided to them. The government will try to manage all the companies they give money to, this is why the bail outs need to STOP.

The constitution and our private property are already feeling the effects of big government. The government does have limited responsibilities as outlined in the constitution and they are limited for good reason. If you can't make the government smaller it should at the very least only grow at a slower pace than the free markets and if the economy slows government spending should not increase.

Hurry, Hurry, spend as much as you can as quick as you can to get out of debt!!

I've been reading some good books about U.S. history and the constitution and have come to realize that from the very beginning our constitution has been a fragile document that has been abused through the years up to present day and some how it is still worth fighting for. Let's HOPE that doesn't CHANGE.
HWR

"I Have Nothing Against White Construction Workers "
Watch this and imagine the government running the health care system.

Wednesday, December 16, 2009

The First Tea Party 236 Years Ago

The Boston Tea Party was a direct action by colonists in Boston, a town in the British colony of Massachusetts, against the British government. On December 16, 1773, after officials in Boston refused to return three shiploads of taxed tea to Britain, a group of colonists boarded the ships and destroyed the tea by throwing it into Boston Harbor. The incident remains an iconic event of American history, and reference is often made to it in other political protests.

* * * * * * * * * * * * *
Tea Party Patriots 2009

Tea Party Patriots of today have many concerns, but almost all of them agree that government is not the answer to all of our problems. Out of control government spending and assaults on Capitalism are destroying our country as we know it. Those who are ok with less Capitalism must be ok with whatever takes its place? Tea Party Patriots of today do not care what party or label you belong to, they want common sense, personal responsibility and accountability returned to the people who represent and work for us. A majority of us realize the label of a party is not working for us, because if it were the Tea Party movement would not exist.

No matter how much you protest, email, phone, visit and write them, only a few politicians will be impacted by we the people due to huge amounts of money in politics. The old saying "they are all crooks" is not just a saying it is true because we the people keep re-electing them. After 2010 there are going to be a few less crooks in the republican party as the moderate republicans are eliminated.("In politics the middle way is none at all." John Adams) Every spending bill that is signed into law passes by just a couple votes, loaded up with pork to take back to the "bring home the bacon citizens" that re-elected the crook politicians. The Tea Party Movement of 2009 may only impact a few politicians but could make all the difference in the world.

With out a leader, the impact of The New Tea Party Movement is having an effect and proves that We The People are the leaders and in 2010 we will not follow career politicians in any party, we will remove them.

HWR ************* Thirteen stars changed the world. For the better!

Sunday, December 6, 2009

My Letter to Congress 12/7/2009

We The People as a whole are responsible for the government we get and as individual citizens we are also responsible for holding our representatives accountable for the offices we trust them to regardless of party affiliation. When emails, phone calls, letters, laws and our constitution have little effect of limiting our government from infringing upon our freedoms, future generations will look back and understand that our leaders and uninformed citizens choosing dependency over the freedom to fail in the end failed us all. I would rather fail as a free man than to fail as a slave to the state.

Freedom can never be obsolete and the fight for freedom has no beginning or end.

The constitution was designed to limit government and protect our God given rights, not provide us with things. I am truly blessed to have been born free in a country where so many people before me and to this day have sacrificed so much to protect our way of life. Our way of life and our constitution are more important than any of the buildings and monuments in our nations capital. When our family, friends and neighbors serve our country, here, at home and around the world, they are not defending their government, they are defending our way of life, our liberty and our constitution. Our constitution that was established to limit government’s ability to infringe upon our God given life and liberty should be protected at all costs and not pushed to the side as if it were obsolete.

Just as past generations have defended this great country and our constitution, so must we for future generations.

Some day our Grandchildren may ask us what happened to our freedom, what did you do?

We love our country and only good can come from good people standing up to preserve it in the only way they know how.

House of Representatives Oath of Office:
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

Thursday, December 3, 2009

Common Sense

PROSPERITY IS A BY-PRODUCT OF LIBERTY

PEACE IS A BY-PRODUCT OF VICTORY

Wednesday, December 2, 2009

Public Option "The Hammer"

http://www.grassfirenation.net/

We have just learned that Senate Democrats are in final preparations to unveil their healthcare "hammer" to get ObamaCare passed. The "hammer" is the new public option compromise being worked out -- again behind closed doors -- that puts the government-run public option plan under the direction of a"non-governmental board."As if we are to believe this is an improvement! The "hammer public option" would be imposed immediately in every state that does not meet the ObamaCare guidelines. In addition, Reid and the Democrats have gotten so desperate to pass ObamaCare prior to Christmas that we now have positive confirmation that the "nuclear option" is still a looming threat. (The "nuclear option" would only require 50 votes to pass ObamaCare instead of the 60 votes now needed to end debate on the Senate floor.)

Sen. Ben Nelson acknowledged that in an op-ed. He feared failure to cast a vote to proceed would move Reid to use the "budget reconciliation" nuclear option. With the "hammer" coming and the very real threat of the nuclear option on the table, we are almost guaranteed avote on ObamaCare in the Senate before Christmas. We expect the "hammer public option" to be revealed next week and we want to greet its arrival with 750,000 petitions hand-delivered to U.S. Senate offices. Already more than 640,000 citizens in Grassfire Nation have taken a stand against government-run health care, but I absolutely need your help right now to push us to our petition goal!

Take whatever time needed to get this update into the hands and hearts of 35-40 friends. Urgently press upon each of them the importance of taking immediate action against this devastating bill that would change the face of our nation. Have them click here now to sign the petition and have it hand-delivered to your two senators as soon as we reach 750,000: http://www.grassfire.com/122/petition.asp

Tuesday, December 1, 2009

December 2, 1823 The Monroe Doctrine

www.americaslibrary.gov In October 1823, President Monroe was concerned about Spain reclaiming sovereignty in the Western Hemisphere. He asked former presidents Jefferson and Madison for advice. They told Monroe to join forces with Britain. However, Monroe's secretary of state, John Quincy Adams (who would later succeed Monroe as president), had another idea. Adams thought the United States should go it alone. Whose advice do you think Monroe followed?

Monroe followed Adams's advice and laid out an independent course for the United States, declaring four major points in his December 2, 1823, address to Congress. He made four basic statements:

1) The United States would not get involved in European affairs. 2) The United States would not interfere with existing European colonies in the Western Hemisphere. 3) No other nation could form a new colony in the Western Hemisphere. 4) If a European nation tried to control or interfere with a nation in the Western Hemisphere, the United States would view it as a hostile act against this nation. In his Monroe Doctrine, he said that the peoples of the West "are henceforth not to be considered as subjects for future colonization by any European powers." Do you think Monroe presented his foreign policy as the "Monroe Doctrine"?

Monroe's declaration of policy toward Europe did not become known as the Monroe Doctrine until about 30 years after it was proclaimed. In 1823, the U.S. was not powerful enough to enforce Monroe's proclamation. Outside the United States, the "doctrine" went mostly unnoticed.

In the early 1900s, the U.S. emerged as a world power and the Monroe Doctrine became the foundation of U.S. foreign policy. President Theodore Roosevelt added the "Roosevelt Corollary" to the Monroe Doctrine in 1904, which said the U.S. had the exclusive right to intervene in the affairs of Latin American countries that were actively involved in deliberate misconduct or that refused to pay their international debts.