Monday, February 22, 2010

What is it about unconstitutional they don't understand?

I, and some of the boys in the neighborhood, enjoy tinkering with this thing in our spare time.  I'm so sick of all this political jargon from both sides I need a little project to keep me busy.  What is it about unconstitutional that our politicos on both sides of the imaginary aisle don't understand?  Let me remind them;  You were sworn to uphold and defend the Constitution of the United States of America.  Nowhere in that document, or the tomes of explanatory writings of its authors, does it give the federal government any power over the following (and this I'm sure is an incomplete list);
Health Care
Cap and Trade
Gun Control
Global Climate Control
Elder Care
Environmental matters
The Arts
Financial Bailouts
Census information gathered more than every ten years.
Census information beyond the scope of determining how many persons are in a household.
Social Security
Banking Control
Federal Reserve
Interference with Business
Religious matters
If we would just operate within the scope of our constitutionally granted powers, we could get the debt under control and restart our economy within a relatively short time.

This is from a "real" retired Attorney specializing in Constitutional Law;

The Truth About the Health Care Bills - Michael Connelly, Ret. 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, to all of your personal healthcare
information, your personal financial information, and the information of your employer, physician, and hospital in direct violation of the specific provisions of the 4th Amendment to the Constitution. All of this is a protection 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 o f 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

Men, it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, and one by one.
Charles Mackay


  1. It's really amazing when you stop to think about it, isn't it? All of this government expansion is blatantly unconstitutional, yet somehow -- via anti-Constitutional judges mostly -- this all got "legalized."

    As you may know, this Big Government Communist agenda all goes back to something called the "New World Order" or "Globalist" conspiracy, a conspiracy by the Elite (who control the puppet politicians) to essentially bring about worldwide Communist-style tyranny.

    These Elites control both the Republican and Democratic the agenda goes forward no matter which party is ostensibly "in power."

    This globalist or "New World Order" agenda calls for big government, destruction of national sovereignty (eg, see rise of the European Union), destruction of civil liberties, open borders and illegal immigration, etc.

  2. The problem surely lies with a public school system that fails to educate our youth about the Constitution and a society that relies on government handouts like an addict after a fix. I hope it is not too late to turn the tide.

  3. The systematic dismantling of the Constitution that began with Woodrow Wilson and has continued with every Democrat administration since - and aided by big government Republicans such as Nixon and both Bushes - is now being done at with unprecedented speed by the NØbamunists. It's 'pedal-to-the-metal' now.

    In case you haven't noticed, the lunatic left has completely taken over the education system. Our schools are nothing more than indoctrination camps for the left.

  4. I don't know what it's going to take to stop this Socialist / Progressive agenda. Another Civil War, maybe? Hope not but we're ready "just in case". We'll start with kicking them all out next election(s) and see if that doesn't help. It's taken over 100 years for this mess to finally hit the fan. I hope it doesn't take another 100 to get us back on track.

  5. Keep posting stuff like this i really like it


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