The Second Declaration of Indepencence

Saturday, October 5, 2013

The Truth About the Health Care Bills



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, of all of your personal healthcare (a 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 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 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



AFTER HAVING READ THIS, PLEASE FORWARD....

If you don't care about our constitution, or your rights under it, just do nothing.

WE MUST HOLD CONGRESS ACCOUNTABLE BEFORE IT IS TOO LATE

Monday, August 26, 2013

Dear Congressman,



Dear Congressman,

A call for impeachment by the people.

The American people are and have been up to now extremely patient but are now becoming noticeably energized by the need for and sickening lack of action by Congress concerning the many and grievous crimes committed by the sitting president of the United States of America and the Attorney General, Erick Holder.

America is in peril and its Constitution along with all of our freedoms is in freefall do the unconstitutional and criminal activities of President Barrack Obama and others such as his accomplish Eric Holder.

Unless Congress can stop Obama, the upcoming election will probably be the very last “somewhat free” election ever held in America and it will surely go down in history as the last peaceful stand for freedom in a country that has heralded freedom for some 250 plus years. What a shame.

I can envision two different scenarios in the very near future; one is that Congress finally gets the message from the people, that they are fed up with the corruption in Congress, and they impeach the President, or two, they fail to bring an impeachment out of fear, greed or ignorance and the following election will result in a large number of entrenched politicians being voted out of office, out of shear disgust by the people.

I know that your political views are far different from mine, but there is one thing that we do share and that is, we live in the same country and I would like to believe that you also believe in personal freedom and the rights of the individual. If not, you should not be in office representing the people who expect you to protect those freedoms and rights.

So I implore on you to do your duty and join in and support the efforts now circulating in Congress, by some brave patriots, and start the process of impeachment. It is your duty to do so and you really have no other ethical or legal option.

I would like to remind you that you swore an oath to uphold, serve and protect the Constitution of the United States of America and I am holding you to that oath.

Very Sincerely Yours

C. Lyle Brunckhorst

Freedom is not a gift, it was won and earned by our forefathers but the responsibility of keeping it is ours. In other words yours because you chose to run for office and mine to see to your un-election if you don’t.

Sunday, August 25, 2013

We Are Not Coming Back


Ayn Rand had it figured out as well and in her book "Atlas Shrugged" the folks that tired of the bullshit created Galt's Gulch, a safe haven hidden from view,  (That is impossible however), and then set the world stage to allow the remaining fools and idiots to destroy themselves via the despot morons running the government.

That was fiction but in the  real world, real estate around the world is booming because Americans that can afford to dive out before the collapse are leaving in droves to foreign countries that are glad to have them and their wealth, and some countries are even advertising safe havens for their money.

Those that would invest in America are keeping their money offshore, where they put it for safe keeping, and are just sitting on it rather than bringing it home to an environment dead set against small business, any one making a dollar on their own and any kind of free trade market.

Seems like quit a parallel and gives you some reason to ponder.


Below is one of the most thought-provoking emails I have ever read. 

We Are Not Coming Back
Please take a moment to digest this provocative article by a
Jewish Rabbi from Teaneck, N.J.

It is far and away the most succinct and thoughtful explanation of how our nation is changing. The article appeared in The Israel National News, and is directed to Jewish readership. 70% of American Jews vote as Democrats.
The Rabbi has some interesting comments in that regard.

Rabbi Steven Pruzansky is the spiritual leader of Congregation Bnai Yeshurun in Teaneck, New Jersey
~~~~~~~~~~~~~~~~~~~~~~~~~~~
"The most charitable way of explaining the election results of 2012 is that Americans voted for the status quo - for the incumbent President and for a divided Congress. They must enjoy gridlock, partisanship, incompetence, economic stagnation and avoidance of responsibility. And fewer people voted.

But as we awake from the nightmare, it is important to eschew the facile explanations for the Romney defeat that will prevail among the chattering classes. Romney did not lose because of the effects of Hurricane Sandy that devastated this area, nor did he lose because he ran a poor campaign, nor did he lose because the Republicans could have chosen better candidates, nor did he lose because Obama benefited from a slight uptick in the economy due to the business cycle.

Romney lost because he didn't get enough votes to win.

That might seem obvious, but not for the obvious reasons. Romney lost because the conservative virtues - the traditional American virtues  of
liberty, hard work, free enterprise, private initiative and aspirations to moral greatness - no longer inspire or animate a majority of the electorate.

The simplest reason why Romney lost was because it is impossible to compete against free stuff.

Every businessman knows this; that is why the "loss leader" or the giveaway is such a powerful marketing tool. Obama's America is one in which free stuff is given away: the adults among the 47,000,000 on food stamps clearly recognized for whom they should vote, and so they did, by the tens of millions; those who - courtesy of Obama - receive two full years of unemployment benefits (which, of course, both disincentivizes looking for work and also motivates people to work off the books while collecting their windfall) surely know for whom to vote. The lure of free stuff is irresistible.

The defining moment of the whole campaign was the revelation of the secretly-recorded video in which Romney acknowledged the difficulty of winning an election in which "47% of the people" start off against him because they pay no taxes and just receive money - "free stuff" - from the government.

Almost half of the population has no skin in the game - they don't care about high taxes, promoting business, or creating jobs, nor do they care that the money for their free stuff is being borrowed from their children
and from the Chinese.

They just want the free stuff that comes their way at someone else's expense. In the end, that 47% leaves very little margin for error for any Republican, and does not bode well for the future.

It is impossible to imagine a conservative candidate winning against such overwhelming odds. People do vote their pocketbooks. In essence, the people vote for a Congress who will not raise their taxes, and for a President who will give them free stuff, never mind who has to pay for it.
That engenders the second reason why Romney lost: the inescapable conclusion that the electorate is ignorant and uninformed. Indeed, it does not pay to be an informed voter, because most other voters - the clear majority are unintelligent and easily swayed by emotion and raw populism. That is the indelicate way of saying that too many people vote with their hearts and not their heads. That is why Obama did not have to produce a second term agenda, or even defend his first-term record. He needed only to portray Mitt Romney as a rapacious capitalist who throws elderly women over a cliff, when he is not just snatching away their cancer medication, while starving the poor and cutting taxes for the rich.

During his 1956 presidential campaign, a woman called out to Adlai Stevenson: "Senator, you have the vote of every thinking person!" Stevenson called back: "That's not enough, madam, we need a majority!"
Truer words were never spoken.

Obama could get away with saying that "Romney wants the rich to play by a different set of rules" - without ever defining what those different rules were; with saying that the "rich should pay their fair share" - without ever defining what a "fair share" is; with saying that Romney wants the poor, elderly and sick to "fend for themselves" - without even acknowledging that all these government programs are going bankrupt, their current insolvency only papered over by deficit spending.
Similarly, Obama (or his surrogates) could hint to blacks that a Romney victory would lead them back into chains and proclaim to women that their abortions and birth control would be taken away. He could appeal to Hispanics that Romney would have them all arrested and shipped to Mexico and unabashedly state that he will not enforce the current immigration laws. He could espouse the furtherance of the incestuous relationship between governments and unions - in which politicians ply the unions with public money, in exchange for which the unions provide the politicians with votes, in exchange for which the politicians provide more money and the unions provide more votes, etc., even though the money is gone.

Obama also knows that the electorate has changed - that whites will soon be a minority in America (they're already a minority in California) and that the new immigrants to the US are primarily from the Third World and do not share the traditional American values that attracted immigrants in the 19th and 20th centuries. It is a different world, and a different America . Obama is part of that different America , knows it, and knows how to tap into it. That is why he won.

Obama also proved again that negative advertising works, invective sells, and harsh personal attacks succeed. That Romney never engaged in such diatribes points to his essential goodness as a person; his "negative ads" were simple facts, never personal abuse - facts about high unemployment, lower take-home pay, a loss of American power and prestige abroad, a lack of leadership, etc. As a politician, though, Romney failed because he did not embrace the devil's bargain of making unsustainable promises.

It turned out that it was not possible for Romney and Ryan - people of substance, depth and ideas - to compete with the shallow populism and platitudes of their opponents. Obama mastered the politics of envy of class warfare - never reaching out to Americans as such but to individual groups, and cobbling together a winning majority from these minority groups. If an Obama could not be defeated - with his record and his vision of America , in which free stuff seduces voters - it is hard to envision any change in the future.

The road to Hillary Clinton in 2016 and to a European-socialist economy - those very economies that are collapsing today in Europe - is paved.

For Jews, mostly assimilated anyway and staunch Democrats, the results demonstrate again that liberalism is their Torah. Almost 70% voted for a
president widely perceived by Israelis and most committed Jews as hostile to
Israel . They voted to secure Obama's future at America 's expense and at Israel 's expense - in effect, preferring Obama to Netanyahu by a wide margin.

A dangerous time is ahead. Under present circumstances, it is inconceivable that the US will take any aggressive action against Iran and will more likely thwart any Israeli initiative.

The US will preach the importance of negotiations up until the production of the first Iranian nuclear weapon - and then state that the world must learn to live with this new reality.

But this election should be a wake-up call to Jews. There is no permanent empire, nor is there an enduring haven for Jews anywhere in the exile. The American empire began to decline in 2007, and the deterioration has been exacerbated in the last five years. This election only hastens that decline.

Society is permeated with sloth, greed, envy and materialistic excess. It has lost its moorings and its moral foundations.. The takers outnumber the givers, and that will only increase in years to come.

The "Occupy" riots across this country in the last two years were mere dress rehearsals for what lies ahead - years of unrest sparked by the increasing discontent of the unsuccessful who want to seize the fruits and the bounty of the successful, and do not appreciate the slow pace of redistribution.

If this election proves one thing, it is that the Old America is gone. And, sad for the world, it is not coming back."

The problems we face today are there because the people who work for a living are outnumbered by those who vote for a living.