Going On The Offensive
There is still time to make one final push to defeat the healthcare legislation in the House and Senate before a final bill is passed and signed by the President. Here are some key points everyone should make when contacting their representatives:
1. There is nothing in the Constitution of the United States that authorizes Congress or any other branch of the Federal government to force anyone living in the United States to buy anything by virtue of their citizenship or residence. There are no U.S. Supreme Court decisions that allow this under either the “Commerce Clause” or the “General Welfare Clause” of the Constitution. Yet that is exactly what both the House and Senate versions of the Bills contain, a mandate requiring everyone to buy health insurance.
2. The requirement to have automobile insurance is not the same thing. First, it is a requirement imposed by the individual states, not the federal government, and you can’t be forced to have it if you don’t own a car or you choose not to drive.
3. Thus the passage of any health care bill containing such a provision is a violation of Article 1, Section 8 of the Constitution and the 9th Amendment in the Bill of Rights.
4. The regulation of the health care industry and the health insurance industry has always been left in the hands of the individual state legislatures. To now transfer all of this power to the hands of federal bureaucrats is a clear violation of the 10th Amendment to the Constitution.
5. Both the House and Senate versions of the bill provide for massive tax increases for most Americans. However, the Senate version also imposes a “tax penalty” on anyone who fails to purchase the health care insurance the Federal bureaucracy deems that person or family needs. This is not in fact, a tax, but a “fine” and failure to pay it can lead to imprisonment. This is therefore an attempt to bypass the provisions of the due process clause of the 5th Amendment to the Constitution and take away property and liberty without “due process of law”.
6. By the very nature of this legislation there will have to be rationing of health care. The Senate Bill lays the ground work for this on page 1,000 in section 3403 by establishing an “independent” Medicare advisory board to make decisions about everything from Medicare payments to what type of medical devices can be paid for. The bill calls for specific reductions in Medicare benefits and prohibits seniors from using their own money to get the health care they desire. This is another massive violation of the due process clause and is aimed at older Americans.
7. What makes this and other portions of the bill even worse are the provisions though out the legislation to limit the right of Americans to seek administrative or court review of the decisions made under the law. There are also new rules established to make it extremely difficult, if not impossible for a future Congress to repeal sections of the law or even modify them. This includes the rationing provisions which ultimately allow federal bureaucrats to make life and death decisions for people. The Congress is again ignoring the 5th Amendment.
8. When you further consider the fact that a large number of people will be allowed access to the personal financial and medical information of individual Americans who are enforced to enroll in the health care plans you are also inevitably looking at violations of the right to privacy and the prohibitions against illegal searches contained in the 4th Amendment to the Constitution.
9. Last, members of the Senate should be asked to point out the specific language in the bill that prohibits federal funds from being used to pay for abortions, protects the right of conscience of those members of the medical community that don’t want to participate in abortions, and finally provides any enforcement mechanism to keep illegal aliens from participating in the programs set up in the bill. They won’t be able to cite any of these provisions because they don’t exist.
This is not just a bad law; it is a direct assault on the Constitution of the United States and the rights of individual Americans. If it passes my next blog on this subject will detail the legal and political steps that we can take to stop the implementation of this power grab. Hopefully, I won’t have to write that article.
Comments
Excellent article!!! Excellent writing as always. Very informative. I appreciate those who are not afraid to speak the truth and who stand firm on their beliefs.
I direct my visitors to your blog.
You missed a point when showing that auto insurance is not the same as health insurance. What you missed is that the government owns the roads and they can make the rules in order to use them. The government doesn't yet own my body.
I must apologize for my ignorance of that of which you write. All I know is that lawyers & used car salesmen occupy the same low status as far as most Americans are concerned. That being said, I share your contempt for America's new socialist administration, especially for the whore pelosi & her pimp, obama(I disrespect both so much, I refuse to capitalize their names). I am fortunate that I am of an advanced age & will not have to suffer their arrogance much longer. However, this country better get it's hackels up before we become a satellite state of Islam. Anybody up for a New Revolution?
Excellent points to help us demand answers from our Congress. Since you gave permission to use them I will include all of them in my comments to the federal politicians.
Makes me wonder why the Republican members of Congress have not drafted a lawsuit to be filed immediately upon Obama's signing of the National Health Plan as they all know the legislation does not meet Constitutional muster.
Thank you.
Mr Connelly, I look forward to your blogs..especially on this issuse...I feel that this is just a step towards total government control of all aspects of our lives...sound a bit like communisum don't you think?..I don't think that the founding fathers of the Constitution would agree that this is the future that they intended when they signed it..in fact, I can almost hear their objections at this freedom stealing, incredibly complicated joke of a bill that is being pushed on us against our will..I had to look at that last phrase again because of what I said is about to happen to the American people...they are pushing this upon us..WHY?..why is the congress NOT standing up for the Constitution and stopping this due to it's UNconstitutionality?..I guess that I assume they know what the law is..perhaps not..I personally believe that somehow they(not all but enough) will have personal gain from it..oh I know it will be disguised as a gain for their state but the rest of the states will end up paying more for whatever deal that has been made that we are unaware of...isn't bribery illegal too?..yes?..oh wait I forgot, they think that they will be reelected for the fine job that they have done..right..whatever..I think not!..we the people do not trust them..we haven't for awhile now...but now is the time not to panic..there is hope..we can turn our country around if we will stand as a nation against this tyranny..we need to vote ALL of them out and elect true represenatives of the people..Have you heard of GOOOH?..stands for Get Out Of Our House.. please go to their website at goooh.com and see Tim Cox's plan that makes since for the future of this country.. if WE The People do not stop this ravaging of our country we won't have a country or freedom and liberty and above all rights to choose how we live..anymore........
Thank you.
Mr. Connelly, Thank you for your analysis of this legislation as I'm sure it wasn't very much fun reading the "delete/inserts" and the rest of the legalease trash contained within this bill. You have a history making opportunity that 99.999999% of Americans don't have; i.e., you understand and can support a brief filed in court. Also, your cost to do so is only your time. Please believe me that I am not trying to minimize your time as something not worth the dirt in my backyard, just the opposite. You are able to accomplish a monsterous task and possibly history making act with much less time than it took you to read the bill. This is your territory, this is your time to shine; what a book it would make to totally retool the United States government. I would think that you would be able to take down every Senator and House member who votes for the bill, and the President (once he signs the bill into law) for not fulfilling their oath of office. I wish I had your intellectual property, but alas I am but a lowly small businessman struggling to keep a roof over my family and food in their stomachs.
No matter your decision, I will still be an active reader of your diatribes as they are very pertinent. Please be "THE ONE".
Regards, Michael C. Brown
Williamsburg, VA
I am worried that the current makeup of the Supreme Court will not agree with you that it is unconstitutional. They have not been using the constitution of our country, but have been using other countries laws to give us liberal interpretations that are not in our constitution. The precedent has been set.
Well done! As Jefferson wrote: "the natural progress of things is for liberty to yield and government to gain ground." I'm glad to see that you are among those who are trying to reverse that natural progress. Bravo! I just discovered you & have linked to you on the Op-Ed page of my Website.
I respectfully disagree with Mr Connelly on two (2) points.
1) This legislation is not an assault on "my" Constitutional rights. There is no Constitution in existance which gives me any rights. The Constitution does not apply to me as I am not a party to that agreement, nor have I ever sworn an oath to it. It is the contractual obligation by sworn and signed oath which applies to all public employees and officers to protect ALL my rights. If they violate their oath by their actions and I am damaged in any way, I have legal recourse against those (in their private capacity) who are a party to the action which damaged me. That has been confirmed in many U.S. Supreme Court rulings.
2) Any law which is repugnant to the U.S. Constitution, is not enforceable. Should this legislation (when signed into law) be repugnant to the Constitution, if and/or when it is legally challenged, it will not survive the legal challenges. (The PATRIOT ACT has not survived a single legal challenge to date that I am aware of.)
[Note: One maxim of law is: there can be no law which impedes the right to private contract.]
Here are 2 questions to ponder:
1) Can any corporation legally compel you into a contract without impeding your right to private contract?
2) Is the U.S. a corporation as defined in the Statutes?
To state it simply:
If this legislation is signed by the President and enacted into law, I will ALWAYS have to right to choose those contracts I consent to enter into and those contracts I do not consent to enter into. The choice is mine.
While the bill itself may be a problem (having read only parts of it myself I won't judge all of it), I do think that health care in this country is a joke and SOMETHING needs to be done. My niece will require heart surgery in a few years. My sister's place of employment won't allow her to add her own daughter to the insurance to cover it because it's a pre-existing condition. She has a hole in her heart because of a crappy dealing of genetics. So she dies? Because my sister can't afford the $250,000.000 it will cost. And she makes too much for government aid. But not enough for health insurance. There is a gap that people are falling through with health care. Something needs to be there to catch them. So maybe this bill is wrong. And maybe this will violate constitutional rights. But my niece has a right to live. So why isn't anyone else coming up with a better option? For the record, I'm currently going to school majoring in political science. Hopefully someday I will be in a position to offer something better. But I can't yet.
A truly great article. The unconstitutionality of this legislation appears to be solid. If a lawsuit is filed, however, will any of the provisions in the Bill become effective while the litigation moves forward in the courts? Keep up the great work; you are a terrific patriot and you are attracting quite a following in NC.
Thank you for clearly laying out the case that this monolithic boondoggle called Health Care Reform is unconstitutional. This has little to do with health care and more to do with control.
Hopefully, we will strike this down one way or the other!
Excellent Points. You just earned another reader!
Now then, I've got a question for you. There is an e-mail forward that has sparked some passionate discussion amongst a group of my colleagues. The e-mail has your name at the bottom. The style of writing differs slightly from your post, so, I'm thinking you didn't write it.
Would you be open to reviewing it? If so, just add a post and I'll post it to the page here. Either someone did forward a message from you, or someone may be planning to besmirch your name, or is just using your name for other reasons.
Kind Regards
I'm curious, what was Michael Connelly's view when the Patriot Act was put into effect?
It was a direct assault on the Constitution and Bill of Rights.
I agree with Jacklyn Prior-Rose in post # 11. There are an unknown number of persons that cannot afford health insurance, but we are basically already required to have it, or we don't get treated. Consequently alot of people don't go to the doctor, they just suffer through their illness or injury and become worse (or die ?).
And this may have no direct correlation to health insurance and the common citizen getting medical services, but it does. The insurance companies have elaborate buildings to house their offices, their CEO's make millions of dollars per year (and probably have their health insurance coverage for free), their top executives have multiple homes and take multiple vacations per year throughout the world. Is this done with our insurance premiums ?
I make less than $30,000 per year in wages. My health insurance cost is $5,500 per year. {$5,500 X the number of citizens = ??? ] And.... it didn't cover me for a minor situation while traveling out of state to visit my child I had not seen in a year.
PUBLIC HEALTH CARE: It is already in place. In the state in which I live if a person does not have health insurance the hospital notifies the county. The county is then to determine if the person is eligible for county assistance. If eligible, the county pays the bill. A lien is then placed against the person until the county is repaid. In one instance the person did not qualify financially, so the county did not pay the bill. The hospital sued the county and the county had to pay. Fortunately all bills paid by our county have been repaid, but we may not be as fortunate in the future. If this happens, then property taxes will have to increase to cover the additional expense. The citizens will not likely appreciate this should it happen. Check with your local county or burrough to see what they have in place.
The insurance companies already determine how long we will stay in the hospital, and what they will pay the doctors, labs, and hospitals. They also determine what amount they will pay towards prescription medication. The required Medicare prescription drug plans added money in the pockets of the insurance companies.
Lose a sector of our private business ? Something needs to be done ! !
Thanks Mr. Connelly... posted it!
http://xtnyoda.blogspot.com/2010/01/michael-connelly-is-lawyer-and-he-has.html
Thanks Mr. Connelly for voicing exactly what I have been saying to my friends. Please help guide us through this genocidal infanticidal everyonecidal health legislation that is not based on our right to life,liberty and pursuit of happiness. Please send instructions etc. as needed to stop this Hitlerbased healthcare reform mess that is being shoved down our throats with the health of -God please forbid- our very people who were put in place to represent OUR interests-not theirs or the leader of our country's personal opinions. Thank you ...God has placed you here to help His people I truly believe.
Dear Mr. Connelly,
Thank you for sharing this insightful information. I keep praying for God's devine intervention...it's all so surreal. I keep thinking there is no way they can get away with such a blatent assault on the American people. I know that there are consequences for breaking the law, city, county, state or federal. Are there no consequences, or legal actions to be taken when a group of elected officials infringe on our constitutional rights. Where, in their oath or job description does it give any of them the right to totally disregard our country's constitution? This is the very foundation by which they all were elected. And when they pass this major farse, and assault on the American people, they call the health bill...do they really think anyone will ever reelect them? Are they ALL planning to retire soon. Do they ever plan to go back to their home town and face their fellow citizens they swore to represent? I plan to contact my elected officials. I think we, The Silent Majority (remember us?) are in desperate need now! I have ancesters that fought and some died to protect the very document that they are so willing to disregard for personal gain. I have lost all respect for all those involved, and I mean all the way to the top. They clearly have personal hidden and/or misguided agendas. All the elected officials need to hear from All of us ASAP.
Thank you, Sir, for writing this article. I have sent it to my Congressional Representative and my two Senators and urged them to read it. At least one of them will likely ignore it but we will vote him out in 2010.
Bless you for using your expertise for the good of our beleaguered nation. We need all of the patriots that we can find to help reverse the actions currently being taken in Washington, D. C.
I am not surprised at your analysis of the proposed health care bill. Now we are on the outside , not looking in , since it is impossible to know at this point what the Dems are doing in their secret negotiations-just out today that they have reached an agreement with the unions re: the cadillac health insurance tax. I feel confident that my welfare is not included in this deal.
I believe that most of us who are somewhat educated on the political issues of today realize that our President and Congress are passing or planning to pass many bills that proceed down the path of a socialist government. The problem is that, while we are outraged, we don't seem to know how to stop them. What can I do to help you help us? If we don't find some way to fight this then only God can help us!
So we are supposed to listen to a retired lawyer from Texas who thinks there will be "probably forced participation in abortions by members of the medical profession". Okay. Sure. Forced abortions? Seriously? What a crock. Thanks for wasting my time. I thought I would what I was reading was going to be informative. Does anyone here actually think for themselves, or do you just listen to Racist Limbaugh and claim to understand politics?
Well, what do you propose we do.......wring our hands and let it pass. Cannot the Supreme Court step in if this is indeed unconstitutional?
I do not support the Health Care Bill, however my husband and I are at a loss as to what to do!! What can be done????
Looks like you get a pass and I must say, I wasn't looking forward to that article.
The battle is far from over. I fully expect the people pushing this bill to make another effort to get this through. In the meantime there are some other bills in Congress that have serious Constitutional issues and I will be posting more information on them soon.
wow "a satellite state of Islam. Anybody up for a New Revolution?" THIS is who reads this blog? Intelligent discussion is always welcome, but ignorant racist garbage is embarrassing and sad. Why is there so much hate out there for a man who hasn't done a thing to deserve it ? Regardless of whether you believe in health care reform or NOT, comments such as the one on this blog reflect just how stupid and racist some people in this country STILL ARE. Sad. I did not vote for President Obama, but I will give him respect and HOPE that our country could become better in the next 3 years. I am astounded at the disrespect and hate. Our country will never move forward like that. And "only God can help us" ?????? First off, are you any worse off than you were before President Obama came into office? Are, perhaps are you a bit BETTER?? Second, are things SO AWFUL here that ONLY GOD can help us?? How ludicrous is that statement !! Are we all in poverty? Have we suffered a major devastation? Are we truly in the hands of a dictator? Come on now . We have checks and balances. They are working. Lets let them continue to work and lets try to work out our differences instead of belly ache and instill fear. This is crazy.
My father was a small farmer in northern Michigan. He and my mother could not afford health insurance and there wasn't enough money to go to the doctor. After he had his stroke, my mother spent 10 years paying off his hospital bill.
Maybe you have never lacked health insurance and don't know how scary it is. Maybe you have never sat there and debated, should I go to the hospital? The idea that we are the greatest nation in the world and the fact that over 40 million Americans don't have any sort of health insurance is disgusting. But then, you are old enough to get your Socialistic Medicare, so what does it matter to you?
Michael:
Thank you for all of your hard work. I am continuing to lay out the crime scene and the link, to your site, is now up, under the "Links to Informative Sites" tab.
Terry
private1 - you really should think about the old addage: "it is better to thought a fool than to open your mouth and remove all doubt!" I am certain the vast majority of people reading your reply shake their head from side-to-side. If there wasn't a Constitution, the Supreme Court would not exist nor would any of your "rights" to recourse. The Constitution is the basis for all of our laws.
You could be raped, robbed and pillaged (preferably all at the same time) with only whatever protection you could provide yourself (don't look for anyone's help, we'd be busy on our own right thanks to the likes of you).
That said and feeling as you do, would you kindly leave the country and turn the lights out when you leave!
Michael and others on the topic of the auto insurance comparision:
Every state requires only liability insurance, coverage to protect the "other" guy and his property, not yourself or your own property. There are also provisions to self-insure in every state.
Hence this is really an assinine comparision for the heathcare initative proponents.
I stand corrected.
Thank you so much for all of your blogs. Also, I love all of the comments (with the exception of the one made by private1 and a few others. If you have a problem with the Constitution of which you are subject to, you can live somewhere else.) I'm just really confused. I'm aware that this health care bill is unconstitutional. So why did it pass? How could anybody vote for it to pass when so many people were against it? That doesn't sound like a government by the people, of the people, and for the people... The people didn't want it! I've heard people say that Health care is an unalienable right (especially from other students in my government class.) Well for over 200 years it HASN'T been an unalienable right, men created it, not God. I thought unalienable rights were GOD GIVEN RIGHTS, rights not created by the whims of men.
Also I know that you, Mr. Connelly, have talked a lot about what is involved in the bill itself; However you also (in an e-mail that was forwarded to me, so I don't know if it was really you or not) talked about a massive shift of power. Power given to the Executive branch by Congress. But if I understand correctly, Congress has no authority to give that power. How corrupt are they? How bad is it really? If anyone else can help me to better understand this, your thoughts would be much appreciated. THANK YOU!
Please help me! My e-mail is ku39063@students.nebo.edu
Jack.... What was that all about? Maybe you need to re-read my post. The U.S. Supreme Court has ruled many times the constitution does not giveany rights to anyone...it is an obligation of those who swear an oath to uphold the constitution to protect ALL my rights. My signature is not on that document which is a contract...which clearly makes me a non-party to that contract. The constitution IS the law and the basis for government. It is there to protect me. My post was simply reiterating rulings from the U.S. Supreme Court. If you have an issue with those rulings, take it up with the Supreme Court.
As far as the "old adage"... you would be served well by heeding it.
IN READING THESE COMMENTS, I NOTICE A FEW
COMMON SIMILARITIES. IF THE COMMENTS ARE
DEROGATORY, THERE IS NO NAME GIVEN. NO BALLS, Y'ALL? MANY OF YOU HAVE INFLATED EGOS, AND FANCY YOURSELVES TO BE EXPERTS ON SOMETHING YOU KNOW LITTLE OR NOTHING ABOUT. YOU ARE THE SHEEP AND HUSSEIN IS
THE WOLF, NOT THE SHEPHERD!! MR. CONNELLY
IS THE EXPERT HERE AND THE HOST. HE SEEMS TO BE VERY PATIENT. HE EVEN LETS THE ONES
WHO DON'T USE THEIR NAME TO VOICE THEIR OPINION, STUPID OR NOT. NOTICE, I DIDN'T SAY
IGNORANT. THERE IS A DIFFERENCE, BUT I
DOUBT YOU'D UNDERSTAND.