The Truth About the Healthcare Bill from a Constitutional Attorney

[scorpio]

The Truth About the Health Care Bills
 
            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.
            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 information, your personal financial information, and the information of your employer, physician, and hospital. All of this is a direct violation of the specific provisions of the 4th Amendment to the Constitution protecting 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. Here is a link to the Constitution: http://www.archives.gov/exhibits/charte ... cript.html
            And another to the Bill of Rights: http://www.archives.gov/exhibits/charte ... cript.html
            There you can see exactly what we are about to have taken from us.
Michael Connelly
Retired attorney,
Constitutional Law Instructor
Carrollton, Texas
http://michaelconnelly.viviti.com/entri ... care-bills

[Free Truth]

The US House of Representatives has approved a sweeping overhaul of the
$2.5 trillion US healthcare system. Below is a summary of what to expect as Barack Obama, the US president, signs the entire package into law.

WITHIN THE FIRST YEAR OF ENACTMENT

 Insurance companies will be barred from dropping people from coverage when they get sick. Lifetime coverage limits will be eliminated and annual limits are to be restricted.

 Insurers will be barred from excluding children for coverage because of pre-existing conditions.

 Young adults will be able to stay on their parents' health plans until the age of 26. Many health plans currently drop dependents from coverage when they turn 19 or finish college.

 Uninsured adults with pre-existing conditions will be able to obtain health coverage through a new programme that will expire once new insurance exchanges begin operating in 2014.

 A temporary reinsurance programme is created to help companies maintain health coverage for early retirees between the ages of 55 and 64. This also expires in 2014.

 Medicare drug beneficiaries who fall into the "doughnut hole" coverage gap will get a $250 rebate. The bill eventually closes that gap which currently begins after $2,700 is spent on drugs. Coverage starts again after $6,154 is spent.

 A tax credit becomes available for some small businesses to help provide coverage for workers.

 A 10 per cent tax on indoor tanning services that use ultraviolet lamps goes into effect on July 1.

WHAT HAPPENS IN 2011

 Medicare provides 10 per cent bonus payments to primary care physicians and general surgeons.

 Medicare beneficiaries will be able to get a free annual wellness visit and personalised prevention plan service. New health plans will be required to cover preventive services with little or no cost to patients.

 A new programme under the Medicaid plan for the poor goes into effect in October that allows states to offer home and community based care for the disabled that might otherwise require institutional care.

 Payments to insurers offering Medicare Advantage services are frozen at 2010 levels. These payments are to be gradually reduced to bring them more in line with traditional Medicare.

 Employers are required to disclose the value of health benefits on employees' W-2 IRS forms.

 An annual fee is imposed on pharmaceutical companies based on market share. The fee does not apply to companies with sales of $5 million or less.

WHAT HAPPENS IN 2012

 Physician payment reforms are implemented in Medicare to enhance primary care services and encourage doctors to form "accountable care organisations" to improve quality and efficiency of care.

 An incentive programme is established in Medicare for acute care hospitals to improve quality outcomes.

 The Centers for Medicare and Medicaid Services, which oversees the government programmes, begin tracking hospital re-admission rates and puts in place financial incentives to reduce preventable readmissions.

WHAT HAPPENS IN 2013

 A national pilot programme is established for Medicare on payment bundling to encourage doctors, hospitals and other care providers to better coordinate patient care.

 The threshold for claiming medical expenses on itemised tax returns is raised to 10 per cent from 7.5 per cent of income. The threshold remains at 7.5 per cent for the elderly through 2016.

 The Medicare payroll tax is raised to 2.35 per cent from 1.45 per cent for individuals earning more than $200,000 and married couples with incomes over $250,000. The tax is imposed on some investment income at a rate of 3.8 per cent for that income group.

 A 2.9 per cent excise tax is imposed on the sale of medical devices. Anything generally purchased at the retail level by the public is excluded from the tax.

WHAT HAPPENS IN 2014

 State health insurance exchanges for small businesses and individuals open.

 Most people will be required to obtain health insurance coverage or pay a fine if they don't. Healthcare tax credits become available to help people with incomes up to 400 per cent of poverty purchase coverage on the exchange.

 Health plans no longer can exclude people from coverage due to pre-existing conditions.

 Employers with 50 or more workers who do not offer coverage face a fine of $2,000 for each employee if any worker receives subsidised insurance on the exchange. The first 30 employees aren't counted for the fine.

 Health insurance companies begin paying a fee based on their market share.

WHAT HAPPENS IN 2015

 Medicare creates a physician payment programme aimed at rewarding quality of care rather than volume of services.

WHAT HAPPENS IN 2018

 An excise tax on high cost employer-provided plans is imposed. The first $27,500 of a family plan and $10,200 for individual coverage is exempt from the tax. Higher levels are set for plans covering retirees and people in high risk professions.

[scorpio]

KTF - what is the source of your info? You did not include a link.
The bottom line is that someone has to pay for all of the freebes and handouts.

Name thing that the federal govt does efficiently and actually cuts costs.  :lol:  :lol:
Think your taxes are high now? Just wait!
Illegal immigrants of every stripe will be covered and subsidized by this 'reform'

The truly sad part is that heath care could be reformed without a government take over of it.
If only the US govt. wasn't spending billions upon billions on pointless foreign wars.


This healthcare bill has NOTHING to do with healthcare!!!
It is a power grab, designed to make people dependent on the govt. for their every need.
A biometric ID card and 17,000 new IRS agents will be in our future with this monstrosity.    :shock:  :down:

[Tomas O'Crohan]

I have a buddy who always rails against the latest outrage of the Bolsheviks hard at work on their intended destruction of this country, intent on a replication of their feat in Russia in 1917. I always tell him: "Don't be outraged at the latest Bolshevik installment, expect them. Understand that these Bolshevik decrees are going to pile up, one right upon the other, until these Bolsheviks are physically stopped. Remember our unswerving maxim:
                   
We do not consent
We will not comply
If you employ your customary tactics of coercion, intimidation and violence in an attempt to make us comply, we'll shoot you in the fucking head."

[Wimpy]

:lol:  :lol:  :lol:

[abduLMaria]

i listened to the Financial Sense webcast, hour 2
http://www.netcastdaily.com/broadcast/f ... 0327-2.mp3

they went through it and said this about the "individual mandate", the law that tries to force people to buy health care -
*  it kicks in in 2016
*  it is 2.5% of your income or $695 per year - whichever is greater.

if that is correct, the IRS - which is tasked with enforcing Obama-care - will be taking, stealing, whatever you want to call it, from the bank accounts of unemployed people.

or they will come to their homes and get the money - that is the law - if it is enforced, and Jim Puplava interpreted it right.

i really feel like this is it, what was left of our democracy is slipping through our fingers like quicksand.

it's interesting to look at the demographic of the people who benefit from health care.
*  health insurance companies
*  pharma companies
*  doctors
*  government employees.

although the population is about 2% Jewish, the ethnicity of the organizations that benefit from Obama-care are largely Jewish.

Obama-care = Jobs for Jews programs.  Enforced by IRS at gunpoint.

It's like the Soviet-ization of the United States.  if those stories they taught us about Soviet Russia are true.

i pray that Jim Puplava mis-interpreted the bill, and it's actually the 2% penalty that i thought it was.

[scorpio]

it's interesting to look at the demographic of the people who benefit from health care.
*  health insurance companies
*  pharma companies
*  doctors
*  government employees.

although the population is about 2% Jewish, the ethnicity of the organizations that benefit from Obama-care are largely Jewish.

Obama-care = Jobs for Jews programs.  Enforced by IRS at gunpoint.

It's like the Soviet-ization of the United States.  if those stories they taught us about Soviet Russia are true.

Great post, AM
Jobs for Jews program....that's great!  :clap:
yes, it is the sovietization of the US....Communism under a different name.
....and yes those stories about soviet russia are indeed true.
Read the book World Hoax by Ernest Elmhurst
It goes into the whole story of the Jewish control of Soviet Communism and it's attroicities. Very well researched & documented....plenty of proof.  :geek:

[Free Truth]

Argh...
Must you always have a source (jk)?!
Sometimes I may not want to post the source (for my own peculiar reasons)...

Nonetheless here it is.. The write up is from Al Jazeera:

http://english.aljazeera.net/news/ameri ... 61653.html

N.B.
I am not 'Keep Truth Free'!

[scorpio]

sorry,I didn't mean to call you KTF....my mistake.  :oops:

The only reason I asked for your source, is that there are so many different opinions about the content of the bill.
It is over 2,700 pages  :shock:
Plus, it is good to know the source of any information.