Friday, April 27, 2012

A Lawyer's Opinion Of Why Obama Care Needs To Be Terminated

Many times in this blog we have discussed the myriad of reasons why Obama Care needs to be scrapped and the journey to make our country healthier and less expense to service from a health care perspective needs to start anew. These include, but are not limited to the following:

- Much of our health care issues and problems in this country are caused by public health issues:
  1. Americans eat too much.
  2. Americans eat too much of the wrong kind of food.
  3. Americans do not exercise enough.
  4. Americans smoke too much.
  5. Americans on average are getting older, leading to more old age based diseases such as certain types of cancers and dementia.
However, Obama Care takes a massive Federal government/
bureaucracy/taxation/political approach to a public health based set of root causes. If you do not understand the root causes and do not attack those root causes via a public health set of solutions, which Obama Care fails to do, you have little chance of solving the problem.

- Many state governments have reduced the escalating health care costs in their states by instituting tort reform in the health care markets within their states. This idea gets little more than lip service within Obama Care, probably a tribute to the lobbying efforts and talents of the American Bar Association.

- Obama Care adds so many new taxes and regulations to the health care marketplace that it is already creating financial hardships for businesses, reducing economic growth and the associated job creation, is diverting business owners and operators' attention from running their business to complying with the law, and is turning existing full time people into part time people to bypass the law's requirements.

- Many experts believe that opening health insurance competition across state lines and making it easier for private companies to compete would significantly reduce health care insurance costs. Obama Care pays lip service to this concept of a free market keeping competitive costs and prices in line.

- Obama Care was written so poorly that major companies will find it cheaper to termate their current health care insurance programs and pay a relatively small Obama Care fine then to continue with their current health care insurance plans, forcing tens of millions of Americans to lose their current health care insurance coverage.

- Obama Care was written so poorly that Americans will have to consider the ramifications of Obama Care's consequences when they decide to marry, divorce, and retire, significantly reducing their freedom of choice as Americans.

- Obama Care will appoint non-elected and non-accountable people to a 15 person panel that will control what, where, and how the nation's health care dollars are spent, significantly expanding government control over our lives.

- Obama Care will increase the cost of health care in this country and significantly increase the national debt, as we have discussed in detail with factual data and expert opinion in previous posts.

- Obama Care provides no significant significant or effective law enforcement, tracking, or tools for criminal  fraud reduction capabilities over what is currently available, meaning that the untold billions of dollars currently lost every year to criminal fraud via Medicare and Medicaid will likely increase dramatically under Obama Care.

- Does anyone really think that a Federal government that is run by our current set of politicians can really operate this gigantic program, given its inability to stop a GSA region from throwing itself an $830,000 Las Vegas vacation for its staff, eliminate waste and fraud in the food stamp, Social Security, and unemployment programs, or to operate a Secret Service organization that likely used taxpayer resources to frolic with Columbian prostitutes?

I could go on and on about how fatally flawed and expensive Obama Care is and will become. Past posts to this blog contain the details and sources for the above conclusions. And none of these reasons include one of the biggest flaws of the entire legislation, the fact that it forces every American to purchase health care insurance for themselves or become a criminal in the eyes of the Federal government. Hopefully, the Supreme Court will disavow this part of the law, which should result in the entire house of cards falling down so that we can start all over.

But there's more! I am not lawyer so I cannot offer an opinion on whether the following thoughts from an American lawyer are correct. His words make sense to me based on what little knowledge I have of the legal aspects of the Constitution but make a whole lot of sense to me based on what I know about freedom and liberty. Snopes verifies that this gentleman does exist and did indeed write the following piece. I offer it as further repudiation of the horror know as Obama Care:

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The Truth About the Health Care Bill by Michael Connelly; Retired 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

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I would be more than happy to hear from and publish a different opinion from anyone out there, WHO HAS READ THE ENTIRE LAW, and has an informed/legal view on it. What Mr. Connelly says makes sense to me from an American freedom perspective. I can only hope that at least five Supreme Court justices feel the same way.

On Monday, I will review a new, simple, and effective approach to reducing health care costs that some doctors and patients are using throughout the country. This new approach does NOT require government intervention once an initial state law allowing this practice is passed, does NOT require a 2,500 page document to be deployed to operate this greatly reduced health care cost approach, does NOT require new taxes to implement and operate, does NOT require a massive and intrusive government bureaucracy to oversee the process, and does NOT criminalize freedom of choice, but DOES have a real chance of doing what all of Obama's men and horses could not do.

We invite all readers of this blog to visit our new website, "The United States Of Purple," at:

http://www.unitedstatesofpurple.com/

The United States of Purple is a new grass roots approach to filling the office of President of The United States by focusing on the restoration of freedom in the United States, focusing on problem solving skills and results vs. personal political enrichment, and imposing term limits on all future Federal politicians. No more red states, no more blue states, just one United States Of America under the banner of Purple.

The United States Of Purple's website also provides you the formal opportunity to sign a petition to begin the process of implementing a Constitutional amendment to impose fixed term limits on all Federally elected politicians. Only by turning out the existing political class can we have a chance of addressing and finally resolving the major issues of or times

Our book, "Love My Country, Loathe My Government - Fifty First Steps To Restoring Our Freedom And Destroying The American Political Class" is now available at www.loathemygovernment.com. It is also available online at Amazon and Barnes and Noble. Please pass our message of freedom onward. Let your friends and family know about our websites and blogs, ask your library to carry the book, and respect freedom for both yourselves and others everyday.

Please visit the following sites for freedom:

http://www.cato.org/
http://www.robertringer.com/
http://realpolichick.blogspot.com/
http://www.flipcongress2010.com/
http://www.reason.com/
http://www.repealamendment/

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