Sunday, December 22, 2013

0Care and Our Constitution

It is worth noting the Chief Justice of our Supreme Court did not rule on the constitutionality of the "Patient Protection and Affordable Care Act." (PPACA is a misnomer and oxymoron if ever there were).

CJSCOTUS and the divided 5-4 majority ruled Congress has the authority to control and create Federal Taxes and individual mandates on health care. Of course they did. What government employee votes for their paycut to benefit middle class taxpayers?

Obviously not all Americans agree with the CJSCOTUS. One in 1961 who did not agree became President over a Federal government that cut red tape and taxes and grew the economy over 8%: 11:46 

A Nobel Laureate warned against socialized medicine: 9:38

Those who supported PPACA are beginning to wonder about it after they, their family and friends lost their healthcare and doctors because of PPACA.

Failed failed to enroll even a million policyholders, despite repeated Presidential claims and exaggerations.

PPACA was passed in March 2010 by an all Democrat Partisan vote that ignored calls coming into Congress as high as 100:1 opposed to PPACA as unconstitutional and unsound.

PPACA was deliberately partially implemented until after the 2012 Presidential elections. 

Five million Americans lost healthcare policies in 2013 as a result of PPACA implementation of the January 2014 PPACA deadline law that the President exempted and overruled on repeated occasions, violating Constitutional separation of powers. 

More and more employees lost work because of PPACA law that requires anyone working more than 30 hours a week to have Healthcare.

Many more employed Americans may lose healthcare after the 2014 election, when corporations have the option to drop coverage and dump employees onto an already compromised Medicaid PPACA, with all its history of fraud, inefficiencies and bureaucratic inhumanities.

More and more doctors refuse Medicaid patients. They retire to escape PPACA or go into concierge practices where they charge $250 per person to see 1000 patients a year without third party costs and red tape.

It is quite clear that if healthcare rationing (unelected and unaccountable death panels) by PPACA does not deny medical services, it will exacerbate the already acute shortage of primary care physicians.

There is no economic way for additional healthcare coverage and enrollments to cost less, as the President and his party claimed. Government has no proven track record of eliminating corruption, fraud and waste in government programs. There is no magic Federal wand to stop 9% consumer cost inflation short of destroying healthcare:

It is interesting to note that the very areas of the most healthcare inflation are areas with the most government involvement:

One underappreciated aspect of PPACA is that many enrollees who receive subsidies (up to 80% of enrollees), do not understand they may be signing over all their assets and heirs' rights for MediCaid Federal and State collection, since the increased MediCaid burden and Tax under PPACA does not make Medicaid solvent.

In other words, DC government deliberately kicked yet another can down the road, beside the $17 Trillion in US National Debt, $126 Trillion in US Unfunded Liabilities and $240 Trillion in unregulated bank derivatives, 81% of them interest rate sensitive:

Most people with common sense understand a Federal debt burden of $383 Trillion that is 24 times the size of the economy will not be repaid any time soon. 

Unless and until government spending is cut, with liberty restored to grow the economy in the private sector by cutting red tape and taxes, the bloated government leviathan will continue to grow by devouring productive enterprise and prosperity.

For the rest of the PPACA story, a retired Constitutional Attorney and Instructor read all 2000+ pages of the 2009 PPACA House Bill 3200 which created 20 new taxes and 16,000 new IRS agents.

Here are his carefully considered conclusions:

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, in direct violation of the specific provisions of the 4th Amendment to the Constitution, of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and hospital. 

The 4th Amendment protects against unreasonable searches and seizures. You can 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 of the original ten in the Bill of Rights, that are effectively nullified by this law. 

It doesn’t stop there though.

The 9th Amendment 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 were 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 (First published in June 2012)
Retired attorney,
Constitutional Law Instructor
Carrollton, Texas

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