More About the Health Care Bills
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.
Comments
Very well written article- it makes you wonder, having attended more than a few "rallies" and one "Town Hall" I have yet to hear any real facts from those in favor. While I can agree that there is a need for TORT reform, I do not feel that we need to reform our Healthcare alone.
This kinda makes a Picture Id to vote simple dosent it? Oh yes if that was done we probably wouldent have this President! Did we catch voter registration fraud in 14 states or did we not look in 36?
I watched a PBS film about screenwriter Dalton Trumbo. He struggled for free speech and the black list that followed him after his conviction of contempt of congress. The McCarthy era isn't over yet. The labeling of dissenters as right wing extremists instead of American citizens who have concerns about our country is alarming. Are people going to be asked if they have now or ever been a member of the Republican Party? Or been aligned with a conservative church organization that supports and defends the individual? Will dissenter internment camps reopen in our country again?
So what can be done to stop this Administration and Congress from trampling on our Constitution? I write and call my elected officials, attend Tea Parties and other gatherings, but Washington doesn't seem to be listening. I just hope that by the time the 2010 election rolls around, it won't be too late to take our Country back and stand up for freedom.
2010 cannot come soon enough! VOTE! VOTE! VOTE!
I heard Bill O'Reilly say that even though he has a degree from Harvard he could not understand what this bill was saying. I downloaded it and tried to read it...but it is not understandable to someone who has not studied law. Please, Please continue to write on your blog regarding this Health Care Bill HR 3200 . Thank you very much for taking the time and also anwering those that are questioning your statements about the bill.
Thank you for your support of this country and the Constitution. I hope that you will keep this effort up. Somehow, Obama's take overs have to be stopped. My wife is going to the DC 9/12 party. Due to health, I won't be able to attend.
Why not BROADCAST this on TV? Why isn't our 'illustrious' Public TV News Stations airing this? It will be their new healthcare plan as well.
Why don't the organizations which came together to fight the Health Care Reform, combine their funds and run ADS on TV (over & over)!
Just knowing this is UNCONSTITUTIONAL should be ENOUGH to STOP the INSANITY. How can President Obama take away OUR CONSTITUTIONAL RIGHTS & destroy OUR BILL OF RIGHTS?
President OBAMA should be IMPEACHED FROM OFFICE for even thinking of taking away everything we fought & died for!
This is UNCONSTITUTIONAL! It's just that simple!
Block Obama now! 2010 is just around the corner to change the views of our elected officials by voting the right ones into office.
P.S. Tiny film clip on Internet about Canada's FREE healthcare. You'll need a strong stomach to watch this. Canada is now admitting their FREE healthcare isn't working. They're looking at going back to medical care that's more 'private' and 'healthier' for their citizens! Plus, Canada charges a HUGE tax to give FREE healthcare. You can't even buy medical stuff @ your local drugstore without a Rx, not even aspirin!
Maybe those in Congress have no idea what the Constitution even says, or what it is! In a recent Town Hall meeting in Hagerstown, MD, Senator Cardin stated that “Article 1 gives the legislative power to the Congress of the United States. Congress has the power to legislate for the general welfare of the people of this nation. The Articles of Confederation (sic) to the United States of America, we vested in our Federal Government broad powers to protect the safety and welfare of the people of this nation. That includes receiving reasonable health care.”
http://www.youtube.com/watch?v=CS0c0rGaeO4&feature=related
3:00 to 3:40
Thank you, Michael Connelly, for upholding our Constitution & for reading the enormous bill that even our representatives don't feel necessary to read before they vote.
In response to D & D Koosed’s comment, the reason the mainstream media doesn't report ANY of this is because they are “in bed” with the "Messiah" & are probably part of the "big picture" if/when this administration succeeds in "completely transforming the infrastructure of this country" & conservative media is a thing of the past. We need to demand answers from ALL of the mainstream media as to WHY they aren't informing the people with the NEWS as it IS & NOT as they want us to THINK it is (or just not reporting anything at all)! ABC & NBC refused to air the ad by "League of American Voters" against the health care bill because they said it was "Partisan", but what do they call ABC's Obama Health Care broadcast from the White House? If it weren't for Fox News, we'd be sitting on our sofas & wake up one day to Communism & going "What the heck happened?" If it weren't for people like Glenn Beck & Michael Connelly, we'd be living in the dark ages shortly. If it weren't for Glenn Beck & Michelle Malkin, no one would have a clue who the Czars are nor would they know about their Marxist/Communist/Socialist backgrounds & Van Jones would still be in the White House telling us we need "Green Jobs" to create "Social Justice" & that Republicans are A** Holes & saying that (I quote) "this is DEEPER than solar panels! We (not we’re) gonna change the WHOLE system". (Where did he go to college – Yale? Do they not teach English there?)
The reason Obama is in such a RUSH to get all his “agendas” passed & put into law is because he’s afraid the people are going to stand up against them & KNOWS that he's NOT going to have a majority in the House or Senate in 2010 & his true objective is to “fundamentally transform this country” into Socialism or Communism, NOW. He's been "campaigning" faster than lightening to get everything done & sneeking things through in secret in the middle of the night or on weekends so Fox wouldn't be able to inform us until his dirty little deeds were done. He doesn’t CARE whether we have health insurance or health care. That’s just a way to have COMPLETE government control over us all. We need to continue to stand up for "We the People" of this great country.
One Czar down, 36 to go PLUS Obama & all his other radical buddies & even his senior advisor, Valerie Jarrett, who is “one side” of Obama's brain (maybe she's the "white" part of his brain that he's excluded from his genes) & by her own statement about Van Jones, appears to be as radical as the rest of his cabinet, friends, wife & his Czars.
Obama SHOULD be impeached. He has completely disregarded the Constitution in everything he’s done or plans to do. He is a narcissist & there is no place in our government for a narcissist, much less as our President & the most powerful person in the world! He is so arrogant & narcissistic that he OPENLY told the world EXACTLY what he was going to do during his campaign – a slight majority wasn’t listening & some are so blinded by the “glow” of his tele-prompter, that they STILL don’t get it!
What do you think they would've done to Bush if he’d spent more money than George Washington to the last George Bush, combined?! If I hear one more time that Obama inherited a trillion dollar deficit, after the amount he has wasted in 6 months, I’m going to gag! What brass! What would the left have done to Bush if he'd appointed 37 Czars that didn't have to answer to anyone but him! How does Obama get away with appointing ANYONE that the people don't vote for & why does he need them? We need to DEMAND answers! Otherwise, we’re certainly not going to get them from anyone but Fox News & what about the people who don’t GET Fox News? This is OUR country, NOT the governments’. This also brings me to Indiana Representative, Baron Hill. If you haven't seen his arrogant episode, just go to youtube.com & search Baron Hill. Did someone forget to tell our representatives that THEY work for US? What an arrogant moron!
I don’t understand why ANYONE would want to CHANGE the greatest country & only free Capitalist country in the world into a Socialist or Communist country! Are they insane or just uninformed or uneducated. If we wait until 2010 to make changes, it’ll be TOO LATE. We need to put a stop to the insanity NOW, with continued peaceful protests, letters to our representatives until they give us the results WE demand. We need to send them all a copy of the Constitution just to refresh their memories. We need to talk to, text, write, fax or email everyone who will listen. We need to take our country back, NOW! Pray for our Country!
B. Palmer
Pfft. Scare tactics. There is nothing there, in terms of information, that the government doesn't have already. The existence of an identity card will actually have the effect of making government more transparent. Between my passport, my gun license and my professional license, the government has at its fingertips all the pertinent information about me, as it does the rest of you.
If this sort of thing scares you, just move back to the cave and light the torches.
I understand and agree that this is strictly about a grab for power and have been writing to my senators and others as well, to request they not support any bills allowing government such control. Last night, a young attorney from Washington was visiting us and told us that staff sits around and reads the letters we write and laugh and loke about them. Most of them the senators never see or even hear about. The young attorney is a conserative and said that he doesn't know what else to do. What more can we do to stop this?
Great blog. Great points and I have enjoyed sharing your blog with others. We must defeat this legislation.
A national ID doesn't bother me. I think we should all have one in order to vote. Using Social Security numbers is a problem. Just look at any Medicare ID and there it is. Every doctor and hospital that accepts Medicare has the number. The Military went away from the numbers used during my active duty and now has my ss number on my VA card. Do you trust the federal government to run any program efficiently? I don't. This government has grown so large and continues to grow that the citizens don't have a prayer. If the 3 branches were forced to rid themselves of all these agencies that aren't specifically named in the constitution we would all be better off. What ever happened to States rights?
Why aren't more constitutional lawyers speaking out against Healthcare Bill HR3200? However, none of what is happening with total disregard of our Constitutional rights and freedoms we enjoy and what seems to be a government takeover in the possible near future, nothing happening now surprises me. As a Christian who has studied the Bible, particularly the Book of Revelations, in the end times there will be a One World Government. Dont' be naive and think that our government doesn't know already everything about you. They do! And with GPS systems being installed in our motor vehicles, they can even track our every move. This is just another step moving us closer to that One World Order. Even so, come Lord Jesus!
What would it take to mount a legal challenge to this bill when it becomes law?
Why aren't more constitutional lawyers speaking out against Healthcare Bill HR3200? Because they are more reality based.
You carry a card around to identify the insurance your with now - so what does this change.
Nothing.
factcheck.org
Yea - I know, anything with facts is "liberal bias" that you'd rather pay more money for less care to insurance companies or revert back to being pre-industrial age.
Thanks for all of the comments. There are actually a growing number of constitutional lawyers speaking out and several groups preparing to file suit if the legislation passes. In fact I'm getting a lot of inquiries from attorneys who practice in other areas, but want to know more so they can get into the fight.
You having so much knowledge, why don't you
go to court and fight? I know you are giving us
the knowledge but you are more educated in
these kind of things. You know our constitution
has been changed and many don't know that. Also
none of us are voting the president in. They let
you think that but they are already pre chosen.
Everyone of our Presidents are in the Freemason.
Obama is going to be the President in the next
election whether we like it or not. He is a Muslin.
Where were all of you Constitutionalites back when Bush Jr. was passing Patriot and a $700 billion stimulus plan, and buying up all the banks and auto manufacturers, and allowing the whole thing to collapse in the first place? That's the more important question people should be asking.
I don't support this healthcare "reform" either, but look... the problem is NOT a partisan issue, so drop the politics and get with the program already before it's too late.
WHAT DO WE DO ABOUT IT? Many are ready to act, but don't know how. Are there leaders out there? Isn't this grounds for impeachment from the President all the way down through the House and Senate?
call me crazy, but during the Presidential campaign I felt I was watching a movie about the take over of Germany, at that time also everyone was upset about the economy but the scary part was that I was in the middle of this movie. NOW What can we do? I know is not too late for us
How can John Q Public help or join a class action suit? We are contacting our Congress and in many cases finding a deaf ear. The Left has mobilized against Tea Parties and Town Halls. Being shouted down by them is non-productive and demoralizing. Can a real petition be started (not one of the 'feel-good/accomplish-nothing' e-mails) to assist "a growing number of constitutional lawyers speaking out and several groups preparing to file suit if the legislation passes. In fact I'm getting a lot of inquiries from attorneys who practice in other areas, but want to know more so they can get into the fight."
We all need to be actively in this fight. It is no movie. It is our lives and our futures.
"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. "
I may be mistaken, but it was my understanding that if you did not have any form of state issued identification you could then recieve a citation for this offense.
When I was in training for bartending, during the TABC certification process, we were taught that it was illeagal to not carry a form of identification with you at all times. This is not something that is enforced stritcly, but is law none the less.
Was this incorrect, and can you disprove this with evidence?
Part of our problem here is that is seems this has taken on an "us against them" type situation and the real issue is that we need health care reform. Sure there are bugs to be worked out yet, but if you take into consideration how many US residents are moving into European countries to take advantage of the good health care that you cannot get here, it makes one wonder what is wrong with Washington DC besides everyone's own agenda's. How come it works for them? People here are hearing scare tactics and it reminds me of some witch hunts from long ago. I am concerned with how Seniors will be handled with such a plan that is proposed, however, they were a huge part of why this plan is being pushed. I should know, I am just a regular hard working person who pays over $1000 per month for some decent health insurance. No choice for me after suffering a heart attack two years ago and will be paying for it for quite some time. There go my golden years!!!! This all sounds like "partisan" issues and not something that will solve anything but keep the division going.
If these "Constitutional experts" can't figure out something that is staring them in the face, then I think they may be part of the problem. Congress can ignore the Constitution because it is SUSPENDED and has been suspended since 1933.
We do NOT have fundamental rights as "free citizens" because Habeus Corpus is suspended by the President anytime he declares a National Emergency. This is LAW, not opinion.
The comments from all of the people here make perfect sense to me, even the comment above me about the TABC certification. It is not a certification, but a LICENSE. If we operate in COMMERCE, we must have a license. Another part of the law that most people don't know about.
You have no rights because you are not a soverign individual, you are a Corporation operating in commerce. Want proof? It's all in the law.
Look at my blog post in July called "Why Congress is a Farce".
http://sanityisdead.blogspot.com/2009/07/why-congress-is-farce.html
It should make sense as to why the Constitution can get ignored.
ID has been required in California for several years. It is common in busy areas of Los Angeles for Police Officers to randomly stop people and ask for ID. The courts in California have upheld this practice and, if I am not mistaken, the Governor has placed requirement to have ID on your person into law.
This, among so many other social reforms are one reason I left California and have to be given a sedative prior to crossing that border to visit family.
When I was young and in the Military, I was required to travel to the Soviet Union. I distinctly remember a gut feeling of helplessness and oppression that was present whenever I was there, especially on the many times I was asked for my "Papers".
I remember the day a Los Angeles County Deputy asked to see my ID in Santa Monica, and when I questioned why, was told because I must carry ID and must obey all directives given by Police Officers, I began packing my belongings and made arrangements to leave within 10 days.
For the person who thinks you can't even buy aspirin in Canada without an RX. That is odd because I buy many medications from Canada without an RX and I have been on tour buses to Canada and many people went just to get their medication without paying the outrageous prices we pay here so the republican party can get their big kickbacks. For the last 8 years we lost rights and Bush even said he did not have to go by the constitution because he was the president of the USA. Where was you Hannity and Drugball followers then.
Michael: It is interesting you rely on your expertise as a "constitutional lawyer" to uncover the provisions of HB 3200 and spread unfounded alarm. I also have read the bill as a physician of 44 years experience in health care. There are many provisions of HB 3200 I disagree with, but I am at a loss to discover any provisions that "ration care" (think of the rationing we already have from the perverted practicies of private insurance companies), give free care for illegal immigrants (whom we already cover with tax payer money when care is given in ER settings or when hospitals offer care without payment), or provide free abortion services, or the ridiculous assertion that doctors may be forced into doing abortions against their will. I am afraid your interpretation of HB 3200 is wanting and faulty, although there are provisions of HB 3200 that fall way short of what is needed in true reform. S-703 (Sanders), HB 676 (Conyers / Kucinch), Weiner amendment, the Baucus Senate Finace Bill, all are still in the debate. The final outcome is anybodies guess at this point. I think you should stop inciting fear and alarm and start considering how to curtail the capitalistic distortion of the free market leading to the distruction of our society, morally and economically. Think of a way to instill some integrity into policy maker behavior, to serve the needs of 90% of the people, instead of the 10% well off. Capitalistic profit making, at all costs, has a destructive effect on this nation. Become concerned about the 14,000 of uninsured occuring every day, the thousands of people who die each year of treatable conditions, because they never receive or can afford heath care. Rid our population of the perverse practices of the insurance companies and the high cost of precription drugs. Jabboring about incentives, fears, greed and systemic waste is fruitless unless we pay specialists less, pay pharmaceutical companies less, pay insurance companies less (or get rid of them), pay hospitals less and pay devise
makers less, and pay primary care professionals more as bottom line necessities. The health care delivery systems are fragmented, dysfunctional, and wasteful. Outcomes are less than what they should be and costs are unsustainable. It is the partisan obstuction to facilitate the needed reform that will leave us no better off in the end.
Michael,
If, as you say, there are unconstitutional sections in the health bill (and I do not doubt that there are), why can't a group of people, such as yourself bring this before the Supreme Court and have the bill thrown out? I am an engineer and do not have the talents.
Phil
You write like a Right Wing Republican. Could that be the case?
