Health Care Bill unconstitutional, Executive branch power grab.
As many of us know, the tax and control bill, referred to by the Democrat Congress as the Health Care Bill, is unconstitutional. But even scarier than that, it is a massive effort to transfer more power to the Executive Branch of Government.
Michael Connelly is a retired attorney and constitutional law expert. From his site:
“Well, I have some bad news for all of the socialists, or progressives, or whatever you choose to call yourselves this week, you have made a huge mistake. Following the attack on Pearl Harbor on December 7, 1941, Japanese Admiral Yamamoto who led the attack said that: “I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve.” I suggest to President Obama, Nancy Pelosi, and Harry Reid that you have awakened the giant again and that this giant, made up of freedom loving Americans, is going to be coming at you from every direction you can imagine.
Individuals and State Governments will be challenging you in the courts, and Americans will take you on in the polling places. In every city, town and village you will hear the voices of angry Americans and despite your best efforts we will not be silenced. You will hear the outcry of Americans of every race, religion, and creed and we will prevail.
To my fellow freedom loving Americans I say this: I am nothing special, just a retired attorney and U.S. Army veteran who loves my country. Yet, my family has fought in every war that has America has engaged in since my ancestors first joined North Carolina and Virginia Cavalry Regiments during the Revolution. Now I have two sons fighting for our nation in the military. I will not allow their fight to have been in vain.
Help in any way you can, though letters to your local newspapers, financial support for groups filing lawsuits, or simply with your prayers for our country. We all must make our voices heard and do what is necessary to save our nation. Never despair and never surrender. For if freedom in America dies, then it dies in the rest of the world. God Bless America!”
Read more:
http://michaelconnelly.viviti.com/
Mr. Connelly has read the entire bill.
“Well, I have done it! I have read the entire text of: The Affordable Health Care”
“Well, I have done it! I have read the entire text of: 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. All of this is a direct violation to protection against unreasonable
searches and seizures. A direct violation of the specific provisions of the 4th
Amendment to the Constitution. 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.”
Read more:
Citizen WElls 
Kerchner v Obama and Congress, Update, March 24, 2010, Charles Kerchner comments on Appellant’s Reply Brief, Mario Apuzzo attorney
Kerchner v Obama and Congress, Update, March 24, 2010, Charles Kerchner comments
From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.
“For immediate release – 23 March 2010
Commander Kerchner’s comments on the Appellant’s Reply Brief filed today by Atty Apuzzo in the Kerchner v Obama & Congress Lawsuit Appeal
By now many of you have likely had time to read Attorney Mario Apuzzo’s outstanding Appellant’s Reply Brief filed today with the U.S. 3rd Circuit Court of Appeals in Philadelphia PA. The closing two paragraphs sum up the issues and consequences and the duty of the federal court’s role in resolving the core constitutional legal question of this lawsuit very well. Imo, Atty Apuzzo’s words will live in history. The federal courts must take this case or our Constitutional Republic is doomed and on its way to the scrap heaps of history.
Atty Apuzzo writes on pages 29 & 30:
—————————————-
“The Supreme Court has warned us what can happen to our republic if its government does not observe the laws of the land. United States v. Olmstead, 277 U.S. 438 (1928). A finding of no jurisdiction will mean that we as a nation accept usurpation and tyranny by a small group of individuals who can act in concert and gain control of both parties and overthrow the constitutional order of our Republic and that citizens of the United States such as the plaintiffs, whose life, liberty, safety, security, tranquility, and property are threatened by such a plan and action, do not have any due process to protect themselves through a legal action in which they ask the judicial branch of government to protect them by enforcing the Constitution.
Judicial review is absolutely necessary when the other two branches of government act in a concerted way to subvert and ignore the Constitution’s requirements defining eligibility standards for the most powerful office of the land, the President and Commander in Chief of the Military. This power balance is important to the survival of our Republic and our Constitution. Plaintiffs’ case goes to the very core of our Constitution, the fundamental law of our land, and whether ultimately our legal system truly means anything when it comes to controversial but critical constitutional issues. For the Court to grant plaintiffs standing, find no violation of the political question doctrine, and rule that it has jurisdiction over plaintiffs claims will do no harm to the role that the judiciary plays in our Constitutional Republic but will rather confirm that elections in America must adhere to the rule of law.”
—————————————–
Bravo-Zulu Mario! You have done your job well. In your various briefs you have given the courts the facts and correctly cited the laws of our nation, including the Constitution which is the fundamental law of the land. The decision is now in the hands of the Appellate Court. They must now do their duty in our constitutional system of checks and balances and use their judicial review powers granted to them by We the People in the Constitution, and confirmed by the great Chief Justice John Marshall, to prevent usurpation of power by the other two branches. May they look for guidance to God, the Declaration of Independence, the Constitution, the Federalist Papers, and the U.S. Supreme Court decisions you cited in your Appellant’s Opening Brief and other briefs, and then do the correct thing per their oath “… to support and defend the Constitution of our United States against all enemies foreign and domestic … so help me God”, and remand the case back to the District Court for a trial on the merits so we can learn before the bar of a court of law the true legal identity of Obama and reveal what he has been hiding from the American people, that he is not an Article II “natural born Citizen” to constitutional standards. And in doing so, We the People will remove the Usurper from the Oval Office.
If you have not read the entire Reply Brief you can read it here:
Kerchner v Obama & Congress – Appellant’s Reply Brief – Filed 23 Mar 2010 – U.S. 3rd Circuit Court of Appeals – Philadelphia PA
http://www.scribd.com/doc/28779811/Kerchner-v-Obama-Congress-Appeal-Appellant-s-Reply-Brief-filed-23-Mar-2010
May God Bless and Save America,
Charles Kerchner
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress
http:www.protectourliberty.org
http://puzo1.blogspot.com
####”
406 Comments
Posted in America, Americans, Announcements, Attorneys, Barack Obama, Birth Certificate, Citizen, Citizens for the truth about Obama, Civil Complaint, Civil rights, Commander in Chief, Congress, constitution, Constitution Hall of Shame, Court of Appeals, Courts, DC, Declaration of Independence, Democrats, Election, Election 2008, Election Law, Election update, Federal Court, First Amendment, Founding Fathers, Government, impeachment, Judges, Kerchner v Obama, Law firms, Lawsuits, Lawyers, Liberalism, Lies, Mario Apuzzo, Military officers, Natural born citizen, News, Obama, Obama administration, Obama impeachment, Obama indictment, Obama lies, Obama Nation, Obama records, Obama thugs, politicians, Politics, Senator Obama, Supreme Court, The Case Against Barack Obama, United States, US Constitution, US District Court, US House of Representatives, US Military, US Senate, Usurper, voters, Washington DC, white house
Tagged 2010, Charles Kerchner comments on Appellant's Reply Brief, Kerchner V Obama and Congress, March 24, Mario Apuzzo attorney, update