This week has been a shameful disaster

Commentary

During the past three days in the United States, I witnessed two events, which will make this week go down in history. It will go down in history as the House of Representatives passed the Obama Health Care Bill on Sunday, March 21, 2010. It will go down in history as President, Barack Obama, signed the bill into law on Tuesday, March 23, 2010.

Immediately after the signing of the bill by the president, thirteen states filed a lawsuit in federal court claiming the bill violated Amendment 10, of the U.S. Constitution. The wording of the Tenth Amendment is as follows: “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.” The states maintain that the constitution does not allow the federal government to compel private citizens to buy anything from private employers, such as insurance companies.

To others of us, we believe the process in passing the bill was flawed. The usual procedure is for each house to pass their versions of a bill, and then refer their bills to a committee to work out the disagreements, then send it back to each house for approval. This whole process has been an unmitigated disaster! The Republicans were locked out of discussions, debates, and much of the discussions were limited to Democrats behind locked doors. If the process was not out and out unconstitutional, it was an utter disgrace!

It is incredible to me, that the president, who claims to have been a professor teaching constitutional law, that he would be a part of this process. It is obvious that he either does not know or understand the constitution, or he knows and wants to change it through legislation. His conduct would seem to confirm the claims of those who claim he is a socialist. His actions, and those of a Democratically controlled congress would certainly confirm we are heading in the direction of socialism. And be not deceived: socialism means control, and they will continue to move in other areas of our lives.

November of this year will give us a chance to remedy this dangerous trend. We need to go to the polls and throw out every Democrat and a high percentage of Republicans, and to replace them with constitutional conservatives that will promise to enact term limits, to repeal the seventeenth amendment to begin with (Click here for my previous post on the seventeenth amendment). Both actions will restore states rights, and to destroy political dynasties that unlimited terms allow. The result over time should be less federal control over the states and individuals, less spending, and lower taxes. And hopefully, we will be able to take our beloved country back.

State Option If Congress Attempts To Force A Health Bill Through ‘Reconciliation.’

(Directed toward Kansas Citizens, but other states have either passed or are working on similar legislation). For those who aren't, I suggest they begin to work on something similar.

The latest news on the federal level is there will be an attempt to force a health care bill through a process known as "reconciliation." What is “reconciliation?”

“Reconciliation is a legislative process in the United States Senate intended to allow consideration of a contentious budget bill without the threat of filibuster. Introduced in 1974, reconciliation limits debate and amendment, and therefore favors the majority party.” Wikipedia.

In Kansas, we need to quickly act to introduce a Health Care Freedom Amendment. It will be much more than sending a message. If passed, it will be an amendment to the Kansas Constitution, acting to preserve the freedom of Kansans to provide for their health care without government coercion.

You can read the entire proposed amendment here.

Mary Pilcher Cook, Kansas State Senator for District 10, is sponsoring the bill, and is currently asking other Kansas State Senators to co-sponsor the concurrent resolution now. She must have their signatures by Friday so they can show they support the bill before it gets introduced.

Once introduced, they will receive a number for the Health Care Freedom Amendment and Kansas citizens will be able to access it through the Kansas Legislature's website (http://www.kslegislature.org).

“We should work to get at least 27 co-sponsors,” Mary says, “because that's how many votes are needed to pass the bill. A proposed constitutional amendment requires two-thirds vote of each House to pass before it can be placed on the ballot for a vote of the people. So far we have 14 signatures.

“Even if your senator has already given their signature, they need to hear from you so they know you support the amendment. Ask them if they would help co-sponsor the Health Care Freedom Amendment.Click here for web site.

“State Rep. Peggy Mast is working to get signatures on the House side, so please contact your Kansas State Representative as well and ask them to co-sponsor the proposed legislation.

“The Senate and House Health Committees are planning on having a joint hearing on the Health Care Freedom Amendment on Tuesday, Feb. 9, and the time is yet unknown, but will likely be around 1:00 p.m. to 3:00 p.m.

“Hearings are held so citizens and lobbyists have the opportunity to testify, but first we need to get the signatures from the State Senators and the State Representatives.

"Thank you for your help!

"In honor of your liberty,
Mary Pilcher Cook"

Kansas Legislature Working To Enhance State Sovereignty Under The Tenth Amendment

Commentary—Rick

Today, I wish to report on two proposed Amendments to the Kansas Constitution, which, if passed by the voters of Kansas, will ensure the sovereignty of Kansas to protect our rights guaranteed under the Bill of Rights to the U.S. Constitution.

ONE: In March of this year, the Kansas Legislature overwhelmingly approved a constitutional amendment to protect our individual rights to gun ownership. The Resolution, SCR 1611, was sponsored by Senator Tim Huelskamp, Senator Mike Peterson, and others, and was approved by the House. It will go to a vote of the citizens of Kansas in November 2010!

With this proposed constitutional amendment, we shall ensure we have an individual right to gun ownership in Kansas, stating that our state has the sovereign right to uphold the individual rights of the Second Amendment of the U.S. Constitution regardless of unconstitutional laws and activist judge’s decisions contrariwise. This is a great victory for the 2nd Amendment in Kansas!

This is a Firearms Freedom Act, similar to that passed by other states. For information on what other states are doing, Click here.

TWO: Tuesday, Oct. 27, Kansas State Legislators announced a Kansas Health Care Freedom Amendment as they traveled in areas throughout Kansas from Wichita, to Emporia, Topeka, and Overland Park. Americans for Prosperity supplied a bus that transported them from city to city.

The state sovereignty resolution will send a message to the federal government, and it is a powerful message when other states are sending the same message. The Health Care Freedom Amendment, however, does much more than send a message. If passed, it will be an amendment to the Kansas Constitution, acting to preserve the freedom of Kansans to provide for their health care. See what other states are doing. Click here.

Mary Pilcher Cook is leading the fight in the Kansas Senate to defend Kansas State Sovereignty and the 10th Amendment of the United States Constitution. She has a resolution, SCR 1615, and needs your support. To read a letter from Mary and to add your name as a signature, visit her special page showing the letter, including a link to the bill. To add your name to the letter, please e-mail us at tenthamendment@pilchercook.com and include your name and city! Thank you.

Go to her web page for more information: Click Here.

The Truth About the Health Care Bills

Posted by permission from FreedomTorch.com: http://www.freedomtorch.com/2619/blog/Posted: August 18, 2009

Category: Healthcare

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 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.

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 4th Amendment 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: http://www.archives.gov/exhibits/charters/constitution_transcript.html

And another to the Bill of Rights: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

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

Michael Connelly

Retired attorney,

Constitutional Law Instructor

Carrollton, Texas