CONSTITUTION AND OBAMA HEALTH

WELCOME BACK. I've waited and waited for the nearly-final idea of what Obama planned for health care reform. I've reviewed the outline and will comment on it in future blogs. The first comment is relative to the constitutionality of the law.

MICHAEL CONNELLY. Permit me to introduce the comments of a retired constitutional lawyer. He address the constitutionality issue as follows:

SEPARATION OF POWERS. The law provides that congress give over to the executive certain powers rightfully positioned with the legislation body not the executive. The law would cease the separation of powers which the founders so deftly crafted.

General Violations. Mandating health care, rationing health care, free provision to illegals, free or subsidized abortions, and mandating performance by health care providers.

4th Amendment. By requiring access to personal health and financial information to the federal government the 4th amendment violates the protection against unreasonable search and seizure.

5th Amendment. By providing for a "tax" against those who don't obtain the health insurance they get around the Due Process provision that would exist if the levy were called what it is...a fine.

9th Amendment. The enumerated powers are those which the constitution specifically grants to the federal government. No where is the provision of health care an enumerated power.

10th Amendment. Powers not so enumerated and nor prohibited by the states belong to the states and/or the people. In other words, it cannot be usurped by the federal government. There is no provision for eminent domain relative to the power of the fed.

6th Amendment. I've saved this one until last because I want it to remain in your thoughts until the November elections.

This amendment provides that each member of congress, whether a representative or senator, makes and takes a solemn oath to protect the constitution. Given the above anyone who votes for this legislation is violating his/her oath to protect the constitution. That alone is worthy of losing the right to represent us! Keep that in mind whether republican, democrat, or independent.

Finally, don't take my interpretations or those of Mr. Connelly. Obtain your own copy of the US Constitution and the Bill of Rights. You can do so by going to the website www.askheritage.org. Know your country's foundation and teach your family, friends, and neighbors.

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