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Friday, August 21, 2009

15 Constutional Questions On HR 3200

15 Constitutional Questions
On HR 3200

#1 - Under Article 1, Section 8 of the Constitution, 17 powers are granted to the Congress. Nowhere is granted the power to enact this sweeping Health Care Mandate.
If this bill or any bill outside the scope of granted powers passes, Congress will be in violation of Article 1, Section 8.

What, if any legal recourse do we have & can we have members who voted for the bill be prosecuted or impeached?


#2 - There are 19 separate violations of the 4th Amendment of the Constitution, which is “the right of the people to be secure in their persons, papers and effects against unreasonable searches and seizures”. How can you ensure our privacy and keep government out of our personal effects and homes?

Under HR 3200 Sections 113, 163, 431, 1302, 1308, 1401, 1411, 1444, 1503, 1128G, 1651, 1711, 1713, 1759, 1802, 440, 1904, 3121, 2521

#3 - Under HR 3200 there are 9 separate sections where taxes and penalties are imposed. Doesn’t this seem extreme?

#4 - I counted 13 violations of the 5th Amendment in HR 3200 where “nor should any person ... be deprived of life, liberty or property ... nor shall private property be taken for public use without just compensation” Of these violation, life is deprived by denial or rationing, they call it regulation of care in 8 instances. Property is restricted and regulated in 4 cases and property is taken in one section to create health clinics, without compensating the property holders. This is not right!

#5 - Why are there different rules for different people? The 9th Amendment states “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” Shouldn’t this mean, if a Health Care Bill Passes, all members of Congress, The President and every person in America, including union members and federal employees should be subject to it and not exempt?

HR 3200 Section 164 exempts federal employees and unions

#6 - The Health Care bills does not allow for a complaint review or recourse if you want to sue for improper fee schedules or denied care. That is in direct violation of the 7th Amendment, “... where the value ... shall exceed $20.00, the right of trial by jury shall be preserved.”

HR 3200 Section 223



#7 - Congress is not only in violating Article 1 Section 8 of the Constitution, it is violating the 10th Amendment, where : “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.”

Why can’t we just allow each State decide on what to do for Health Care?

#8 - I thought slavery and servitude was outlawed in the 13th Amendment, why is it allowed in HR 3200 under Sections 225, 1501 and 2201?

#9 - What is your opinion of the line from HR 3200, Section 441 which says,
“The tax imposed under this section shall not be treated as a tax.”?

#10 - The 15th and 19th Amendments guarantee equality, yet HR 3200 regulates care based upon race, gender, age and place of residence in Sections 1142 and 2241. Shouldn’t full care be available to everyone?

#11 - Under HR 3200, I counted at least 7 committees / commissioners, not including numerous funds and advisory panels. Why are there so many bureaucracies between me and my doctor?

Sections 123, 142, 1191, 1233, 1759, 1801, 1802

#12 - HR 3200 without directly stating, gives health care to illegal aliens, by calling them “non-residents” in Sections 152 and 598. Why?

#13 - I couldn’t understand why SEIU was so strongly pushing for HR 3200 until I read the bill and found 6 separate sections that will increase their membership three-fold as soon as it is enacted and continue to increase their membership, with the National Health Services Corp and the Public Health Workforce Corps. Why is HR 3200 supporting and subsidizing the union?

Sections 1713, 2202 (NHSC), 340L (PHWC) 3141, 2511,399Z-1

#14 - Community Organizations, such as ACORN and its’ affiliates are utilized in seemingly innocent areas of HR 3200, but it will give these organizations access to our private lives and finances as well as influence over our health care. This isn’t right!

#15 - We all agree that Medicare/Medicaid could be managed better, yet Seniors and the disabled now solely rely on it for chronic and urgently needed care. There are four sections in HR 3200 which will reduce and restrict care, Sections 1121, 1141, 1162 and 1639. Furthermore, Persons with Special Needs will be limited and reduced in care under Section 1177. Why is HR 3200 targeting the weakest and those most in need of care, for what is in truth rationing?

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