Highly informative legal opinion about government health care, as to what the bill will and won't do.
Took the liberty to copy Michael Connelly's credentials quoted from his site to show qualification for his legal opinions.
Quoted exactly from Michael Connelly's site.
Posted August 21, 2009
"MORE ABOUT THE HEALTH CARE BILLS
"How many times have we watched a movie about World War II and looked at the scene where a menacing Nazi soldier has stopped a citizen of an occupied country or even a German citizen and demanded to see the person’s “identity papers.” Failure to produce such papers would cause the person to be immediately arrested. I always felt good when I watched this because I knew that in my free country that couldn’t happen.
Yes, we have our driver’s license that you have to produce if you are stopped for a driving infraction and you may have to produce to write a check. However, if you choose not to drive you are not required to have one and you can get another form of identification to do something like cash a check. Yet, the fact is that you are not legally required to have either of these documents and if you do have them they can only contain a limited amount of information.
When I was practicing law I dealt with a situation where in the State of Louisiana you were required to provide your Social Security number to get a Driver’s License and it was also put on the license for everyone to see. I represented a client who had both privacy objections to this and religious objections. We won the case on the grounds that this requirement violated his constitutional rights. What made this particularly interesting was the fact that in support of our position I cited an opinion by a Court of Appeal Justice named Ruth Bader Ginsburg who is now one of the more liberal members of the Supreme Court.
Now, HB 3200 will mandate that everyone in the United States have a National Healthcare card that they will be required to produce to get medical treatment. This will be required whether they have private health insurance or are involved in the so-called public option. There are no real options, you must have this card and it can contain any information that the Obama administration requires. It will be the “identity papers” that so many totalitarian regimes are infamous for.
Of course, you may be thinking that this will no longer be a problem if the “public option” is removed from the bill. This has been a trial balloon floated by the Obama administration yet it really means nothing if the rest of the bill is adopted. The Congress will still be transferring unlimited power to the Executive Branch of Government and the Commissioner appointed by President Obama can still require a National Health Care identification card, still have access to your financial and medical records, and still fine you for having a plan unacceptable to the government. This will result in the ultimate destruction of private health insurance and the adoption of a public system of rationed health care totally controlled by the government.
I found it interesting that a week after I wrote my first blog questioning the constitutionality of House Bill 3200 Judge Andrew Napolitano on Fox News interviewed two Constitutional experts who also saw this as an unconstitutional action by the Congress. They pointed out that normally when this type of legislation is introduced in Congress the members of the House of Representatives or the Senate cite the provisions of the U.S. Constitution that authorize such legislation.
This has not been the case in any of the Health Care Bills proposed. This is not a simple oversight on the part of the Congress. They know they don’t have Constitutional authority to do this, but they simply don’t care. They intend to do it anyway. I find this to be both supremely arrogant, and absolutely terrifying. If they succeed in this, then no provisions of the Constitution are safe from attack.
In fact, in future articles I will point out where other provisions of our Constitution that I consider sacred are being totally disregarded and under full scale assault by the Congress and the Obama administration. I repeat what I said in my previous article; this is not about health care. It is about our fundamental rights as free citizens of the United States."
"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: 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.
Constitutional Law Instructor
Carrollton, Texas "
· 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.
LEGAL: 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.
REAL ESTATE CONSULTING:
· Part Time Real Estate consultant for McNichol & Connelly, Dallas, TX. (Duties included preparation of Market & Financial Feasibility studies, locating real estate for various projects, brokering loans, and locating potential investors.) 1997 - 1999
· 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.
PUBLICATIONS AND PUBLIC SPEAKING
· Authored, “Riders in the Sky: The Ghosts and Legends of Philmont Scout Ranch in New Mexico”, published by Merril Press in Aug 2001, and "The Mortarmen", published by Trafford Press in April 2005.
· Authored the true story, “Winds of Merit” which was the basis for a television documentary segment on the show “Storm Warning” shown extensively on both the Discovery Channel and The Learning Channel.
· Authored numerous published articles on politics, law, and scouting as well as many “keyword” articles for various companies.
· Contributor to the book, “Intruder in Your Home” by Ronald L. Cruit, published by Stein and Day, 1983
· Frequent speaker before civic groups and guest on radio and television talk shows (both local and national) on various political and legal subjects.
· Frequent speaker before school groups on Native American Heritage.
· Editor and Publisher of an award winning independent campus newspaper while at LSU.
· Co-host of a weekly radio talk show while at LSU.
References available on request."