A Constitutional Summary on the impact of the Obama Health Care Bill of 2010

The Truth About the Health Care Bills 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. This 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 authorityto 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

A Tragic Death in Washington State

My response to articles and replies about Dan Wasilchen's death; read more at; http://www.redcounty.com/washington-state-political-magazine/35236?taxonomy=1759 Mr. Anonymous replied on Tue. 06/09/09 at 07:37PM and is too cowardly to stand behind his own words. He has replied a number of other times also and completely misses the point. I put my name on this reply because I stand behind what I believe and say. If someone doesn't like it, that's why we have the First Amendment. Dan Wasilchen, a tax paying citizen and homeowner was alive, and is now DEAD! Forever! There is no justification for it - no amount of weeds! His life was cut short because Mr. Gohrman (a noxious weeds inspector) could not properly execute the duties of his job. Wasilchen was provoked into a confrontation by Gohrman [who escalated and embellished the argument], and ultimately with Police. The government vs. civilian challenge had a terrible outcome for the entire community. Everyone lost! All government workers who deal directly with the public need to go through an intensive and thorough training that along with many other things, teaches them that civilians are very protective of their property and do not like government intrusion no matter how legal it is. Some civilians have mild tempers and some don't. A good sensitivity training will go along way to protect both sides. It appears from reading everything about this case that Mr. Gohrman went beyond the legal limits of his job. This kind of thing is happening all too often; government employees challenging citizens rather than helping them. Here's a simple primer for all government employees; you are a servant of the public, PERIOD! We pay your salary, your great medical, and your fat pensions. We can deal with all that if you serve us well and prove you deserve it by your actions. But, get in our face and the results will vary from arguments to murder. It's simple; treat us with respect (you might even have to go out of your way occasionally), and the symbiotic relationship between us will flourish. Let's not be at war with each other!

AMERICAN OIL - a ghastly amount!

Let's roll over the environmentalists and start drilling here at home. Tell your Congressman and Senator to drill or get out! Read on: About 6 months ago, the writer of this article was watching a news program on oil and one of the Forbes Bros. was the guest. The host said to Forbes, "I am going to ask you a direct question and I would like a direct answer; how much oil does the U.S. have in the ground?" Forbes did not miss a beat, he said, "more than all the Middle East put together." The U. S. Geological Service issued a report in April 2008 that only scientists and oil men knew was coming, but man was it big. It was a revised report (hadn't been updated since 1995) on how much oil was in this area of the western 2/3 of North Dakota, western South Dakota, and extreme eastern Montana ..... check THIS out:

The Bakken is the largest domestic oil discovery since Alaska's Prudhoe Bay, and has the potential to eliminate all American dependence on foreign oil. The Energy Information Administration (EIA) estimates it at 503 billion barrels. Even if just 10% of the oil is recoverable... at $107 a barrel, we're looking at a resource base worth more than $5..3 trillion.

"When I first briefed legislators on this, you could practically see their jaws hit the floor. They had no idea.." says Terry Johnson, the Montana Legislature's financial analyst. "This sizable find is now the highest-producing onshore oil field found in the past 56 years," reports The Pittsburgh Post Gazette. It's a formation known as the Williston Basin, but is more commonly referred to as the 'Bakken.' It stretches from Northern Montana, through North Dakota and into Canada. For years, U. S. oil exploration has been considered a dead end. Even the 'Big Oil' companies gave up searching for major oil wells decades ago. However, a recent technological breakthrough has opened up the Bakken's massive reserves....and we now have access of up to 500 billion barrels. And because this is light, sweet oil, those billions of barrels will cost Americans just $16 PER BARREL! That's enough crude to fully fuel the American economy for 2041 years straight. And if THAT didn't throw you on the floor, then this next one should - because it's from 2006! U. S. Oil Discovery- Largest Reserve in the World, Stansberry Report Online - 4/20/2006 Hidden 1,000 feet beneath the surface of the Rocky Mountains lies the largest untapped oil reserve in the world. It is more than 2 TRILLION barrels. On August 8, 2005 President Bush mandated its extraction. In three and a half years of high oil prices none has been extracted. With this motherload of oil why are we still fighting over off-shore drilling? They reported this stunning news: We have more oil inside our borders, than all the other proven reserves on earth. Here are the official estimates: - 8-times as much oil as Saudi Arabia - 18-times as much oil as Iraq - 21-times as much oil as Kuwait - 22-times as much oil as Iran - 500-times as much oil as Yemen - and it's all right here in the Western United States . HOW can this BE? HOW can we NOT BE extracting this? Because the environmentalists and others have blocked all efforts to help America become independent of foreign oil! Again, we are letting a small group of people dictate our lives and our economy......WHY? James Bartis, lead researcher with the study says we've got more oil in this very compact area than the entire Middle East -more than 2 TRILLION barrels untapped. That's more than all the proven oil reserves of crude oil in the world today, reports The Denver Post. Don't think 'OPEC' will drop its price - even with this find? Think again! It's all about the competitive marketplace, - it has to. Think OPEC just might be funding the environmentalists? Got your attention yet? Now, while you're thinking about it, do this: Pass this along www.TalkAmerican.blogspot.com If you don't take a little time to do this, then you should stifle yourself the next time you complain about gas prices - by doing NOTHING, you forfeit your right to complain. As Americans - our voices make a difference. So, go make a difference, send this to every one in your address book. Verify at the links below. <http://www.usgs.gov/newsroom/article.asp?ID=1911> http://www.usgs.gov/newsroom/article.asp?ID=1911 < <http://www.usgs.gov/newsroom/article.asp?ID=1911> http://www..usgs.gov/newsroom/article.asp?ID=1911>

Is Obama acting within the constitution?

It all comes down to this one issue - the U.S. Constitution. There is much going around the internet, and by email, regarding Obama's eligibility to be President based on any number of issues which most of you have already heard about so I won't mention them here because it's not pertinent to this blog. Many Americans are almost up in arms over the spending and government takeover of the automotive industry, the banks, the insurance industry, and of course healthcare. Presidential and Congressional spending is stratospheric! Mr. Obama is leading the way into accelerated change. Does America need this much changing? Why would a 48 year old man think that he knows best for 300,000,000 other Americans? Is he really off track with an unrecognizable leftist agenda or are many of us simply afraid of change? My main question to you is this; do you believe by his actions, his deeds, or in his words that Obama is acting within the guidelines of the United States Constitution?

Government Motors - the new GM

Have we had enough yet? How long will we continue to be passive about "Change"? Is there anyone out there that believes that if the government provides General Motors with billions of taxpayer dollars (without gutting the United Auto Workers contracts) that it will eventually be profitable? If so, I need to tell you about a 129,000 acre fertile desert that my family has been holding in New Mexico for the right opportunity. If you can introduce me to the right person in the Obama administration that will provide the funding, (an estimated $17,000,000,000) it will provide living quarters and jobs for 5,650,000 illegal aliens. We can turn this whole situation around. Seriously!