Tag Archives: Health Care Bill unconstitutional

FL judge, Health Care Bill Unconstitutional, Judge Roger Vinson, Requires Americans to obtain commercial insurance

FL judge, Health Care Bill Unconstitutional,  Judge Roger Vinson, Requires Americans to obtain commercial insurance

From the New York Times January 31, 2011.

“Like a Virginia judge in December, Judge Roger Vinson of Federal District Court in Pensacola, Fla., said he would allow the law to remain in effect while the Obama administration appeals his ruling, a process that could take two years. But unlike his Virginia counterpart, Judge Vinson ruled that the entire health care act should fall if the appellate courts join him in invalidating the insurance requirement.

“The Act, like a defectively designed watch, needs to be redesigned and reconstructed by the watchmaker,” Judge Vinson wrote.

In a 78-page opinion, Judge Vinson held that the insurance requirement exceeds the regulatory powers granted to Congress under the Commerce Clause of the Constitution. Judge Vinson wrote that the provision could not be rescued by an associated clause in Article I that gives Congress broad authority to make laws “necessary and proper” to carrying out its designated responsibilities.

“If Congress can penalize a passive individual for failing to engage in commerce, the enumeration of powers in the Constitution would have been in vain,” Judge Vinson wrote.

In a silver lining for the Obama administration, the judge rejected a second claim that the new law violates state sovereignty by requiring states to pay for a fractional share of a Medicaid expansion that is scheduled for 2014.

Judge Vinson, the first judge to address that question, dismissed the contention that states were being illegally commandeered by the federal government. He said they always have the option, however impractical, to withdraw from Medicaid, a joint state and federal insurance program for those with low-incomes.

The judge’s ruling came in the most prominent of more than 20 legal challenges to some aspect of the sweeping health law, which was enacted last year by a Democratic Congress and signed by President Obama in March.

The plaintiffs include governors and attorneys general from 26 states, all but one Republican, as well as the National Federation of Independent Business, which represents small companies. Officials from six states joined the lawsuit this month after shifts in party control brought by last November’s elections.

The ruling by Judge Vinson, a senior judge who was appointed by President Ronald Reagan, solidified the divide in the health litigation among judges named by Republicans and those named by Democrats.

Last month, Judge Henry E. Hudson of Federal District Court in Richmond, Va., who was appointed by President George W. Bush, became the first to invalidate the insurance mandate. Two other federal judges named by President Bill Clinton, a Democrat, have upheld the law.”

Read more:

http://www.nytimes.com/2011/02/01/us/01ruling.html

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Health Care Bill unconstitutional, Constitutional expert speaks out, Michael Connelly, Obama Administration power grab, Congress no authority, US Constitution

Health Care Bill unconstitutional, Constitutional expert speaks out

Michael Connelly is a constitutional expert.

“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.”
Constitutional attorney Michael Connelly

Health Care Bill unconstitutional, Executive branch power grab, Constitutional law attorney, Michael Connelly, Health care rationing, Free health care for illegal immigrants, Transfer of power to the Executive Branch

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:

http://randysright.wordpress.com/2010/03/24/well-i-have-done-it-i-have-read-the-entire-text-of-the-affordable-health-care/

Florida Attorney General, Health care bill unconstitutional, State attorney generals, Lawsuits, State sovereignty, Congress no authority to mandate health insurance

 “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

The tax and control bill being forced down our throats is most certainly not health care reform and most assuredly unconstitutional. Here are some exerpts from a letter written by Florida Attorney General, Bill McCollum, on March 16, 2010.
“As you know, President Obama has announced that he will push forward with health care legislation that includes a living tax on Americans who choose not to purchase health care insurance. Congress may take actiopn as soon as this week to send a bill to the President. After a thorough analysis of the individual mandate to buy health care insurance, I reman convinced it would be unconstitutional if signed into law.”

http://myfloridalegal.com/webfiles.nsf/WF/MRAY-83LJ2W/$file/AGHealthCare.pdf

The Post & Email has an article on this from March 21, 2010.

“Florida Attorney General promises lawsuit against unconstitutional health care bill”
“Florida Attorney General Bill McCollum has written a letter to Jon Bruning, President of the National Association of Attorneys General, inviting him to “join me in preparing a legal challenge to the constitutionality of whatever individual mandate provision emerges, immediately upon the legislation becoming law.”  The letter was sent March 16, 2010 and includes an analysis of what McCollum perceives as unconstitutional provisions of the bill being contemplated by Congress.
Among his many objections to the bill, McCollum cites:  “…the individual mandate, whether levied as a tax or as a tax penalty, is a capitation or direct tax that is not apportioned evenly among the states as is constitutionally required.”  The closing paragraph of the six-page document states, “While affected citizens of every state may pursue judicial relief from the individual mandate provisions, states have standing to sue the federal government to protect their sovereign and quasi-sovereign interests.”
According to his website, McCollum has also called for a group of state agencies to analyze the financial impact of any federal health care legislation on his state.  Participating would be the Office of Insurance Regulation, the Department of Children and Families, and the Department of Health, among others.
McCollum is a candidate for governor of Florida.  He has stated that the Florida Constitution has a provision which guarantees “the right to be let alone and free from governmental intrusion into [their] private life.”
On Thursday, March 18, South Carolina Attorney General Henry McMaster announced that he would join McCollum in legal action if federal health care legislation is passed.  McMaster reportedly said, “”It is my belief and that of other attorneys general that this is clearly unconstitutional. That’s why we’re moving forward. We need to protect the sovereignty of our states and the liberty of our people.””

 Read more:

http://www.thepostemail.com/2010/03/21/florida-attorney-general-promises-lawsuit-against-unconstitutional-health-care-bill/

Harry Reid defeated, Harry Reid loses 2010 election, Bribes senators, Illegal use of taxpayer dollars, Tea Party Express III, Health Care Bill unconstitutional, Harry Reid lies

From Tea Party Express III.

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