At last count, as it is written the Patient Protection and Affordable Care Act, which was signed into law this week by Presdient Obama, violates at least four of the first ten amendments to the Constitution of the United States, the amendments commonly called the Bill of Rights.
Fourth Amendment – Protection from unreasonable searches and seizures.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This law gives the government unfettered access to your private medical history. There's a "health care integrity data bank" in the bill that gives the Federal government access to everyone's medical records. Once the government has everybody's medical records, none of that information is secure. We have already witnessed how the privacy of “Joe the plumber” was violated by a Washington bureaucrat who did not like the audacity of “Joe the plumber” daring to ask candidate Obama about his proposed tax increase plan. A government bureaucrat took it upon herself to release “Joe the plumber’s” confidential tax records to punish him for not toeing the line with candidate Obama. Giving the government access to our most intimate, private health information gives them the opportunity to abuse and misuse it. And they will, I guarantee it.
Fifth Amendment – Due process, double jeopardy, self-incrimination, eminent domain.
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Forcing everyone to buy health insurance or be fined is depriving one of his property without due process of law. It is a blatant violation of the Fifth Amendment.
Under the government takeover of health care, the law allows for the government to have access to your banking records as well, in violation again of the Fourth Amendment. Prior to passage of this health care law, government had no access to your finances without a court order. Under the new law, the government will have access to your bank accounts to make sure you are paying for that government-mandated health care or paying the fine on that failure to have insurance. This 2,700-page bill gives the Feds the authority to automatically debit your bank account in direct violation of depriving one of his personal property without due process.
Private medical records and bank records are none of the government's business. Instead of providing better health coverage, the opposite will occur. People will no longer confide to their doctor about problems they are having anymore because they will know that somewhere in the deep, dark, dank dungeons of Washington, D.C., some anonymous and faceless Federal bureaucrat will be reading their medical records and their bank statements.
This is just the beginning, too, for everything we do will be construed as affecting our health care, which means the government will have the authority to dictate to you what you can and cannot do in every aspect of your life. Do you like to eat an occasional Twinkie or buy some fast food? Forget that, for that is unhealthy, and it will cost the federal government money. Do you like driving your SUV? No longer will you be able to drive that vehicle for it is too big and “dangerous,” and if it hits a smaller car then someone will be injured, and their health will be at risk. Do you believe in God, and call Jesus Christ His Son your Lord and Savior? You cannot do that, either, because the government will deem that belief system to be “unhealthy” and “offensive” to those who are unbelievers. Do you want to gather and assemble with like-minded individuals to petition the government? That no longer will be allowed, too, because when you gather together, especially if you are conservative and a member of the Tea Party Movement, your blood pressure may rise, a riot may erupt and both of these are detrimental to one’s health and would cost the government money. Therefore, they will not be allowed, either. Every last one of these items is part of our guaranteed liberty found within the Fifth Amendment that has been obliterated and rendered null and void by this law. Some are also part of the rights we are guaranteed under the First Amendment, which says,
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
This, in layman’s terms, can be construed as saying, “Government, just because something isn’t specifically mentioned here in the Constitution doesn’t mean that right doesn’t belong to me. Stay out of my way and keep out of my private life!” So just because the Constitution does not say I do not have to buy health insurance does not mean that that right does not exist. It does exist, and it is guaranteed by the Ninth Amendment. And if the Ninth Amendment was not enough to get it through the heads of those in power in the federal government that their powers are enumerated, which means they are specifically spelled out and very limited in scope and power, our Founding Fathers also had the wisdom and foresight to include the Tenth Amendment for all the dunderheads who could not understand the Ninth Amendment.
Tenth Amendment – Powers of States and people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
What this means is that what is not stated specifically in the Constitution as powers belonging to the federal government of the United States do not belong to them. Period. They belong to the individual States and to the people. So if the Constitution does not say the federal government has the authority to require citizens to buy health insurance, regardless of the motives of that government, even if they are as pure and benign as the wind driven snow, then the federal government has no authority or power to enact and enforce a law that is unconstitutional.
Although President Obama bemoans the fact that the Constitution limits the scope and power of the Federal government, that is exactly what the Consitution does. On January 18, 2001, Mr. Obama was interviewed on WBEZ radio and described the Constitution as “a charter of negative liberties,” a statement that is certainly at odds with the preamble and the Bill of Rights of the Constitution. He further lamented that the Warren Supreme Court “could not break free from the essential constraints placed by the Founding Fathers in the Constitution.” It is absolutely deplorable that the American people would vote into the highest office of the land a man who, by his own words, held such disdain for the Constitution and the Bill of Rights. It is unreasonable to believe that a person who held such contempt for the Constitution would then turn around and protect and defend that very document, as he himself did when he was sworn in as President of the United States. And the actions he has taken in forcing down the throats of the American citizens and signing into law this health care shows how he cares not one bit in protecting and defending the Constitution of the United States of America.
If it is the will of the American people that universal health care is a “right” (which is itself an argument for another day), our Founding Fathers had the sagacity to provide the means whereby universal health care could become the law of the land and do so legally. It is through the Amendment process. But that was not the method used by our President and the Democrat controlled Congress, for they know it would fail because what they have passed is not what “we the people” desire. So until that amendment providing universal health care is passed, this law is unconstitutional and every American citizen has the right and the moral authority to reject it.
Fourth Amendment – Protection from unreasonable searches and seizures.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This law gives the government unfettered access to your private medical history. There's a "health care integrity data bank" in the bill that gives the Federal government access to everyone's medical records. Once the government has everybody's medical records, none of that information is secure. We have already witnessed how the privacy of “Joe the plumber” was violated by a Washington bureaucrat who did not like the audacity of “Joe the plumber” daring to ask candidate Obama about his proposed tax increase plan. A government bureaucrat took it upon herself to release “Joe the plumber’s” confidential tax records to punish him for not toeing the line with candidate Obama. Giving the government access to our most intimate, private health information gives them the opportunity to abuse and misuse it. And they will, I guarantee it.
Fifth Amendment – Due process, double jeopardy, self-incrimination, eminent domain.
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Forcing everyone to buy health insurance or be fined is depriving one of his property without due process of law. It is a blatant violation of the Fifth Amendment.
Under the government takeover of health care, the law allows for the government to have access to your banking records as well, in violation again of the Fourth Amendment. Prior to passage of this health care law, government had no access to your finances without a court order. Under the new law, the government will have access to your bank accounts to make sure you are paying for that government-mandated health care or paying the fine on that failure to have insurance. This 2,700-page bill gives the Feds the authority to automatically debit your bank account in direct violation of depriving one of his personal property without due process.
Private medical records and bank records are none of the government's business. Instead of providing better health coverage, the opposite will occur. People will no longer confide to their doctor about problems they are having anymore because they will know that somewhere in the deep, dark, dank dungeons of Washington, D.C., some anonymous and faceless Federal bureaucrat will be reading their medical records and their bank statements.
This is just the beginning, too, for everything we do will be construed as affecting our health care, which means the government will have the authority to dictate to you what you can and cannot do in every aspect of your life. Do you like to eat an occasional Twinkie or buy some fast food? Forget that, for that is unhealthy, and it will cost the federal government money. Do you like driving your SUV? No longer will you be able to drive that vehicle for it is too big and “dangerous,” and if it hits a smaller car then someone will be injured, and their health will be at risk. Do you believe in God, and call Jesus Christ His Son your Lord and Savior? You cannot do that, either, because the government will deem that belief system to be “unhealthy” and “offensive” to those who are unbelievers. Do you want to gather and assemble with like-minded individuals to petition the government? That no longer will be allowed, too, because when you gather together, especially if you are conservative and a member of the Tea Party Movement, your blood pressure may rise, a riot may erupt and both of these are detrimental to one’s health and would cost the government money. Therefore, they will not be allowed, either. Every last one of these items is part of our guaranteed liberty found within the Fifth Amendment that has been obliterated and rendered null and void by this law. Some are also part of the rights we are guaranteed under the First Amendment, which says,
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
This, in layman’s terms, can be construed as saying, “Government, just because something isn’t specifically mentioned here in the Constitution doesn’t mean that right doesn’t belong to me. Stay out of my way and keep out of my private life!” So just because the Constitution does not say I do not have to buy health insurance does not mean that that right does not exist. It does exist, and it is guaranteed by the Ninth Amendment. And if the Ninth Amendment was not enough to get it through the heads of those in power in the federal government that their powers are enumerated, which means they are specifically spelled out and very limited in scope and power, our Founding Fathers also had the wisdom and foresight to include the Tenth Amendment for all the dunderheads who could not understand the Ninth Amendment.
Tenth Amendment – Powers of States and people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
What this means is that what is not stated specifically in the Constitution as powers belonging to the federal government of the United States do not belong to them. Period. They belong to the individual States and to the people. So if the Constitution does not say the federal government has the authority to require citizens to buy health insurance, regardless of the motives of that government, even if they are as pure and benign as the wind driven snow, then the federal government has no authority or power to enact and enforce a law that is unconstitutional.
Although President Obama bemoans the fact that the Constitution limits the scope and power of the Federal government, that is exactly what the Consitution does. On January 18, 2001, Mr. Obama was interviewed on WBEZ radio and described the Constitution as “a charter of negative liberties,” a statement that is certainly at odds with the preamble and the Bill of Rights of the Constitution. He further lamented that the Warren Supreme Court “could not break free from the essential constraints placed by the Founding Fathers in the Constitution.” It is absolutely deplorable that the American people would vote into the highest office of the land a man who, by his own words, held such disdain for the Constitution and the Bill of Rights. It is unreasonable to believe that a person who held such contempt for the Constitution would then turn around and protect and defend that very document, as he himself did when he was sworn in as President of the United States. And the actions he has taken in forcing down the throats of the American citizens and signing into law this health care shows how he cares not one bit in protecting and defending the Constitution of the United States of America.
If it is the will of the American people that universal health care is a “right” (which is itself an argument for another day), our Founding Fathers had the sagacity to provide the means whereby universal health care could become the law of the land and do so legally. It is through the Amendment process. But that was not the method used by our President and the Democrat controlled Congress, for they know it would fail because what they have passed is not what “we the people” desire. So until that amendment providing universal health care is passed, this law is unconstitutional and every American citizen has the right and the moral authority to reject it.
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