Michael Connelly is a lawyer and he has reduced the constitutional issues with the "health care bill" to language we legal laymen can understand....

Long story short... the health care take over by our government is unconstitutional on several fronts.

Michael Connelly

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.

And here is his home page.

The bottom line is that if passed this bill is headed to the Supreme Court.

Consider and ponder.

xtnyoda, shalomed

H/T Jeremy