This is commentary from Micheal Connelly with additional comments by Ariel Hart.
Michael Connelly (http://michaelconnelly.viviti.com/ ) is a
Constitutional Lawyer and has read the entire health care bill and
has some comments, not about the bill, but about the effects on
our Constitution. It’s a broader picture than just health care
reform.
All of you and those to whom you communicate had better sit up
and pay attention; once this sort of thing happens, it will be
irreversible.
THE TRUTH ABOUT THE HEALTHCARE BILLS
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.
The paragraph below is really frightening
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:
http://www.archives.gov/exhibits/charters/constitution_transcript.html
And another to the Bill of Rights:
http://www.archives.gov/exhibits/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
mrobertc@hotmail.com
bio
.. continue with the defense of Mr. Connelly of which I found the following:
Diploma, Redemptorist High School in New Orleans, La. 1966. · Bachelor of Science, Business and Public Administration, Louisiana State University, Baton Rouge, La. (Degree required numerous political science and business courses. Many history and public speaking courses were taken as electives.) 1971
· Juris Doctorate, Louisiana State University Law School, 1973.
· Graduate, U.S. Army Intelligence School, Fort Huachuca, Arizona, 1973.
Commissioned a 2nd Lieutenant in the U.S. Army Reserve, 1971.
· Active duty at the U.S. Army Intelligence School from Sept. 1973- Nov. 1973.
· Assigned to reserve duty with 352nd Army Security Agency company in Baton Rouge from Jan 1974 until Aug. 1978. (Served as Supply officer, Operations officer, and Recruiting officer.)
· Left the reserves in 1978 as a Captain.
Licensed attorney in Baton Rouge, La. since 1973.
· Qualified to practice before all Louisiana State and Federal Courts and the U.S. Fifth Circuit Court of Appeals.
· I have also represented clients before the U.S. Supreme Court.
· Areas of practice include Constitutional Law, Personal Injury Law, Criminal Law, Family Law, Business Law, Medical Malpractice and Successions.
· Special assistant attorney general for the State of Louisiana, 1977-80.
· Of Counsel for U.S. Justice Foundation, 1980-98.
· General Counsel, Council for Inter-American Security, 1978-95.
· Still licensed, but inactive since 2001.
Currently teaching courses on Evidence Law, Constitutional Law, Courtroom Strategy and Business Law for Education to Go, an online company providing courses for numerous universities.
· Have appeared as a guest lecturer at both LSU and University of New Orleans.
· Substitute high school teacher for East Baton Rouge Parish School System, Sept. 1998-Jan. 2000.
· Temporary full time teacher of World Geography, Woodlawn High School, Baton Rouge, La., 1998-99.
there are comments by other people as well as the lawyer…. kind of interesting… and some info on his bio…
Michael Connelly September 8, 2009 Thanks to everyone for your comments and interest. Even when people disagree with me I appreciate what they have to say if it is done in a respectful manner. This nation was built on the right to disagree.
It is difficult to cite specific sections of HR 3200 for several reasons. First, much of what I refer to as being done by the bill may not be in just one particular section. Instead the preparers attempt to hide their actual intent by spreading things throughout the bill in different sections. Second, any specific section I refer to by number may change as the Congress returns from recess and starts trying to rework the bill to make it seem more reasonable to the American people. In other words, what is contained in Section 1173A that provides for government electronic access to private information may be renumbered and contain something totally different tomorrow.
However, here are some of the most pertinent sections dealing with some of the areas you are asking about. Section 113 gives the government control over all health insurance, private and public. Section 141 authorizes the appointment of the Health Choices Administrator. He or she will answer to no one other than the President. Sections 201 and 203 give this person the power to decide what benefits you can get in your insurance, whether public or private. This opens the door for health care rationing. This is further mandated by Section 225 that gives the administrator complete control over hospitals and doctors. It sets the fees that can be charged and the services that can be provided.
If the Administrator decides you didn’t need to be hospitalized the hospital can be fined for “breaking the government rules.” This also opens the door for the Administrator to force hospitals and physicians to perform abortions. All health procedures will mandated by the government. There is also no provision for services to be provided only to citizens or legal residents of the United States. This means that since illegal aliens get the services now, they will continue to do so.
Here is a link to the entire bill and you can look up these and other provisions: http://thomas.loc.gov/. I hope you find this helpful
Michael Connelly August 21, 2009
In fact, my comments on the 3rd Amendment are based on a Supreme Court decision which decided that the 3rd Amendment granted the right to Privacy. I cite this as the Griswold v. Connecticut (1965) case.
Michael Connelly August 21, 2009
Hi Kristopher Carlson: I admit that for a long time the 10th Amendment was considered dead. However, during the last few years of my active practice of law I successfully used it several times in cases and in recent years it has seemed to have been revived. The fact that it was ignored for years does not mean that it is not still the law of the land as envisioned by the framers of the Bill of Rights.
Michael Connelly October 1, 2009
Anne:
Your concerns are real and I respect them. Some people who sent emails in response to my articles have accused me of being paid off by the insurance companies. Nothing could be farther from the truth since believe me, after all of the times I represented my clients and fought against the private insurance companies for their arbitrary refusal to pay just claims (and often won), I am the last person the insurnace companies would hire to champion their cause. On the other hand, I spent more time fighting for clients who had paid for years into Social Security System who were arbitrarily denied coverage they had earned when they became disabled. It was even worse for the military veterans who have defended our country and can’t get proper care from the Federal Government even though they are entitled to it.
Many states have taken positive and effective actions to keep the private health insurance companies in line, yet if the health care bills in Congress pass, the states will be able to nothing for their citizens. The same people who have led the post office and the Social Security Administration into virtual bankruptcy will now be handling health care for everyone. Well not exactly everyone; the President, his cabinet members, and the members of Congress will continue to get premium health care, the rest of us will get chaos.
From Ariel Hart:
Hey, thanks for sending that email my way.
It’s nuts how many rumors are swirling around out there about the health bills. It’s hard to know which ones are true and which ones are just crazy internet rumors.
If this one were true, I’d be pretty upset – so I decided to see if I could find out for myself.
It seems the email originated as a blog post by Michael Connolly, who claims to be a “Constitutional Law Instructor.” That’s very misleading. Mr. Connolly doesn’t actually work at a university or law school, but gives lessons online at www.ed2go.com whose motto is: “Learn it on Tuesday, Use it on Wednesday!” I don’t know about you, but that sounds pretty shady to me.
That’s like me claiming to be a pro football coach because I have a fantasy football team.
Check out his page: http://www.ed2go.com/cgi-bin/oic3/newcrsdes.cgi?name=firstclass&aw=yyy&course=cl1
As for the content of his blog post, it seems as if the fake professor is using fake information.
The email claimed health reform would lead to rationing of health services, especially for seniors. That’s not true. I came across a well-researched article in Newsweek that calls this a “lie” simply intended to scare people into opposing reform. You can read it yourself: http://www.newsweek.com/id/212131/page/2
The email also says the bills would provide free health care for illegal immigrants. Again, this is a blatant lie. The bill itself even states “No Federal Payment for Undocumented Aliens.” You can see for yourself on page 143 http://edlabor.house.gov/documents/111/pdf/publications/AAHCA-BillText-071409.pdf
The email also says reform would result in a “government takeover” of health care. That’s not true either. I found a website called FactCheck.org that looks at this assertion & flat out debunks it. The government would not make medical decisions or force American patients to do anything they didn’t want to – it would just give people to option to purchase a reasonably priced health insurance plan. That’s it.
The website wrote that “Obama has long said he would allow individuals or small businesses to buy insurance through a public plan – like the one now available to members of Congress. But nobody would be forced to drop his or her current insurance, and private plans would exist as they do now.” You can read more at http://www.factcheck.org/2009/04/government-run-health-care/
As for “Professor” Connolly’s claim that health care reform is unconstitutional, that’s also wrong. This interpretation of the 10th amendment is an extremist view held by people who believe almost everything is unconstitutional. They think the same thing about Social Security, Medicare, Medicaid, the federal highway system, rules regulating airplane safety and anti-discrimination laws.
In reality, the Constitution gives congress the power to “lay and collect taxes, duties, imposts and excises” and to “provide for….the general welfare of the United States.” It also allows Congress “to regulate commerce… among the several states.” Health care is a huge part of our nation’s economy, and definitely falls under the interstate commerce clause of the constitution.
If you want to find more information on this, I found some great websites:
http://thinkprogress.org/2009/08/19/bachmann-unconstitutional/
http://prospect.org/cs/articles?article=rally_round_the_true_constitution
I think by now you can see that pretty much every part of this email is a lie. So hopefully that helps put your mind at ease.