Constitutional Lawyer Warns Against ObamaCare

9 09 2009

Statue of Liberty

Retired attorney and Constitutional law expert Michael Connelly has read the 1000+ pages of the ObamaCare health care “reform” bill.

His analysis and conclusion are devastating.

If passed, the bill effectively eviscerates our Constitution by:

  • Destroying the balance of power among the three branches of the federal government, concentrating power in the Executive Branch;
  • Destroying our 4th Amendment right against unreasonable search and seizure;
  • Destroying our Constitutional right to privacy.

Connelly’s conclusion is that ObamaCare is NOT about health care. It is about the most massive transfer of power to the Executive Branch ever attempted or contemplated.

H/t Mimi of my Meetup group!




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 itsimplications 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 it, 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 4thAmendment 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:

And another to the Bill of Rights:

There you can see exactly what we are about to have taken from us.

Michael Connelly
Retired attorney & Constitutional Law Instructor,
Carrollton, Texas



11 responses

9 09 2009

It’s all about CONTROL.

9 09 2009

I’ve thought about Control and Power for some time now. I concluded that Controlling another is the essence of Evil because it’s a denial of the other’s exercise of free will.

God gave each of us the greatest gift of free will, including even the freedom NOT to believe in and love Him.

Therefore, it stands to reason that the opposite of free will is the opposite of God and, therefore, the essence of Evil.

9 09 2009

You’d be a fool to believe it is “all about you”.

My thought, if they are calling health care/insurance a “right” and you refuse to exercise your right you will be taxed. So, if you refuse to bear arms you’ll be taxed? Refuse to excercise your right to free speech and you are taxed? Since when does the failure to exercise a right result in a tax? Madness…

This same government will take away your right to shelter if you can’t pay property taxes. They don’t care about you at all – it’s the money and power. PERIOD.

24 09 2009
Jackie Hendrix

There are too many scary things about this bill. We need to stay on top of this and not allow this healthcare bill to be forced on us. we should let every one express how they feel and expect to be listened to. If they won’t listen, they are not working for us or our interests.

21 11 2009
Dale Greenlee

I’ve not read the entire bill, but IF those who ‘refuse’ to participate and supposedly are subject to monetary fine, why is this “affordable Health Care” such a “good deal”?

21 11 2009
Dale Greenlee

If HB 3200, The Affordable Health Care, is such a good deal and will ‘benefit’ all Americans, why do we hear about monetary fines, etc., for refusing to participate?

21 11 2009

Good question, Dale!

Isn’t it amazing that America, born in Freedom and for Freedom, has devolved to the point that 47% of American voters are in favor of Obamacare, according to the latest (Nov 16) Rasmussen poll. This means that:

* Almost HALF of all voters favor handing over ONE-SIXTH of the nation’s economy to government!

* Almost HALF of all voters say it’s okay for government to act unconstitutionally by MANDATING us to acquire med insurance, then PUNISHING us with fines if we don’t!

21 05 2017
Danny Mac Burge

There not from American’s..

23 04 2012

I want freedom, truth and the right to be a Christian without having to fight my own government and muslims.

Now is the time to stand up for our country and speak. That time will soon come to an end if you remain quiet and say nothing or do nothing. Join me and re-post or share. Get the word out before you have to get your gun out.
This country needs change and I am talking about Obama and his UN. NWO. Puppet cronies.
Everyone is in such a big hurry to replace BO. that they are willing to accept the bones the UN throws them. And that includes Newt and Romney, both RINOs and both UN. NWO. (New World Order) puppets, republican style. They are no more than UN. NWO. replacements for BO. They are set up specifically to carry on the UN. agenda of moving the USA towards the UN. socialist NWO. Other than titles (Republicans) they are no different than the Democrats. They carry the same agenda. (THEY ARE RINOs) As a nation we DO NOT NEED A RE-RUN OF OBAMA REPUBLICAN STYLE.
This election is not about Romney or Newt. It is about saving the country and its Constitution or losing it. If we do not work and vote for a President who will work for the US. and its Constitution which protects us from and against the UN. Fed. and NWO. We can kiss the country good bye. You will have no rights.
If the country goes broke its sovereignty and Constitution gets flushed down the toilet and you are left with a socialist, aka communist NWO.
It is time to vote for the country and not for the UN. Fed. or NWO. and get rid of their puppets embedded in our government.
I for one have no desire to be ”a good NWO. Citizen” as Newt has speculated. Is Romney care any better than Obama care? Both are puppets for the NWO and UN.
Presently you and your family have a Bill of rights and Constitution. That alone protects you from those who would pass bills in the nature of NDAA. robbing you of all due process of law.
It is past time to protect that Constitution and your rights (or) consider becoming “a good NOW citizen” with no rights.
The Fed. the UN and the NWO has to go and the only politician that stands against them is Ron Paul.
While I may not agree with everything R. Paul stands for I do agree on the main points.
Point is, (Unless we get rid of the Fed, the UN and the NWO. and its puppets we as a nation are done for).
We as a country are broke and hurting.
History does not have to repeat itself if people will wake up, get up and work for their country and it’s Constitution.
It is time to stop being a suckered for the pretty boys and the press that promise change and give you socialism (aka.) communism or progressives. We need to get rid of the weeds and pull out its roots or we are back in the same mess again. Protect your Constitution and your Bill of rights.”
A vote Ron Paul is a vote for freedom. A vote for anyone else is a vote for the UN. and a socialist NWO.
If you agree please share and re-post.

10 10 2013
Melissa Ohlsson

While I agree with everything you said, I’m not convinced Ron Paul can help much. Only we the PEOPLE can save WE the people!

10 10 2013
ann egloff

he needs to leave office and go away.hes killing us all one step at a time.

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