Saturday, October 31, 2009

More Tidbits from Obamacare

9 Pages of the bill are dedicated to force chain restaurants to post all caloric information, even drive thru menus.  Even though the research now shows that it has not changed eating habits.  In New York, where the law is already in place, the caloric intake has actually gone up.  Another words, people are going to make bad choices.  The government cannot control that. 

Vending machines will be included. 

Veterinary students will also be eligeble for grants, scholarships, and loan forgivness.  The addition of the veterinarians will come in at a cost of $283M for 4 years.  I have no idea why we are paying for this.  This is a complete waste of money.  I will be more than happy to take that money.  I can waste it much better than the government can. 

Americans for Tax Reform have found at least 13 additional taxes included in the bill. 

A 2.5% tax increase will be levied on all wholesalers of medical devices.  Just remember, corporations do not pay taxes.  They pass them onto consumers. 

Tampons and Condoms are included as medical devices.  Do they think that people who make less than $250K/year not use these? 

All over the counter medications will no longer be eligible for Health Savings Account reimbursments.  The only exeception will be insulin.  This is going to affect the middle class more than anyone else.  The poor more than likely don't have HSA's and the rich can afford it. 

Pet supplies will be included as a medical expense.  I love pets as much as the next person, but this is just silly. 

So, you can get reimbursed for dog food, but not cough medicine for your kids.  Gotta love those democrats. 

Some Tidbits from Obamacare - HR 3962

If this doesn't want to make people show up at Capitol Hill on Thursday, I don't know what will.

Reading Guide to the Pelosi Health Care Reform Bill

Page 94-Section 202(c) prohibits the sale of private individual health insurance policies, beginning in 2013, forcing individuals to purchase coverage through the federal government

Page 110-Section 222(e) requires the use of federal dollars to fund abortions through the government-run health plan-and, if the Hyde Amendment were ever not renewed, would require the plan to fund elective abortions

Page 111-Section 223 establishes a new board of federal bureaucrats (the "Health Benefits Advisory Committee") to dictate the health plans that all individuals must purchase -and would likely require all Americans to subsidize and purchase plans that cover any abortion

 Page 211-Section 321 establishes a new government-run health plan that, according to non-partisan actuaries at the Lewin Group, would cause as many as 114 million Americans to lose their existing coverage

Page 225-Section 330 permits-but does not require-Members of Congress to enroll in government-run health care

Page 255-Section 345 includes language requiring verification of income for individuals wishing to receive federal health care subsidies under the bill-while the bill includes a requirement for applicants to verify their citizenship, it does not include a similar requirement to verify applicants' identity, thus encouraging identity fraud for undocumented immigrants and others wishing to receive taxpayer-subsidized health benefits

Page 297-Section 501 imposes a 2.5 percent tax on all individuals who do not purchase "bureaucrat-approved" health insurance- the tax would apply on individuals with incomes under $250,000, thus breaking a central promise of then-Senator Obama's presidential campaign

Page 313-Section 512 imposes an 8 percent "tax on jobs" for firms that cannot afford to purchase "bureaucrat-approved" health coverage ; according to an analysis by Harvard Professor Kate Baicker, such a tax would place millions "at substantial risk of unemployment"-with minority workers losing their jobs at twice the rate of their white counterparts

Page 336-Section 551 imposes additional job-killing taxes, in the form of a half-trillion dollar "surcharge," more than half of which will hit small businesses ; according to a model developed by President Obama's senior economic advisor, such taxes could cost up to 5.5 million jobs

Page 520-Section 1161 cuts more than $150 billion from Medicare Advantage plans, potentially jeopardizing millions of seniors' existing coverage

Page 733-Section 1401 establishes a new Center for Comparative Effectiveness Research; the bill includes no provisions preventing the government-run health plan from using such research to deny access to life-saving treatments on cost grounds, similar to Britain's National Health Service, which denies patient treatments costing more than $35,000

Page 1174-Section 1802(b) includes provisions entitled "TAXES ON CERTAIN INSURANCE POLICIES" to fund comparative effectiveness research, breaking Speaker Pelosi's promise that "We will not be taxing [health] benefits in any bill that passes the House," and the President's promise not to raise taxes on families with incomes under $250,000

If you would like to read the entire 1,990 pages yourself, you can find the legislation here:

Now, Here is a House Bill that I Can Get Behind - HR 870

Expressing gratitude and appreciation to the individuals and families who participated in the Taxpayer March on Washington on September 12, 2009.

Whereas, on September 12, 2009, hundreds of thousands of American patriots, who refuse to sit idly by as the Federal Government advances skyrocketing deficits, taxpayer-funded bailouts, pork-barrel projects, burdensome taxes, unaccountable policy czars, command-and-control energy policy, and a government takeover of health care, came to Washington, DC, to show their disapproval;

Whereas individuals also wanted to convey their displeasure with the future tax increases that will be required to pay for deficit-financed spending;

Whereas these individuals understand that the fundamental American principles of limited government and personal liberty are under direct assault;

Whereas this dedicated group of freedom-loving Americans believe in open, accountable, responsible, constitutionally based government;

Whereas hundreds of buses, multiple caravans of cars from across the country, and many individually chartered flights, as well as thousands of lone-traveling cars and trucks, brought these patriots to Washington, DC, solely for this event;

Whereas these individuals endured considerable personal expense to get to the march, including transportation and lodging expenses, as well as lost wages in many instances;

Whereas estimates of the number of people who peacefully marched from Freedom Plaza to the West Front of the U.S. Capitol on September 12, 2009, range as high as 1,700,000 marchers;

Whereas all 50 States were represented in the march;

Whereas this event is considered to be the largest ever gathering of fiscal conservatives in Washington, DC;

Whereas special accolades are due to the grassroots citizens organizations across the country who helped individuals exercise their constitutionally protected First Amendment rights in the Nation's capital; and

Whereas when the current trends of government expansion and freedom retrenchment are reversed, it will be due in large part to the efforts of the hundreds of thousands who marched on Washington, DC, on September 12, 2009: Now, therefore, be it

Resolved, That the House of Representatives expresses its gratitude and appreciation to the hundreds of thousands of people who marched on Washington, DC, on September 12, 2009, to show their love of liberty and their grievance with recent government actions.

Friday, October 30, 2009

Are you busy on November 5th? Tea Party Alert

Michele Bachmann is requesting that all that are able to show up to storm the congress the day before the vote.  If you are able, please come to DC and show them we don't want an expensive bill that will not reform what is wrong with our healthcare system. 

It Looks Like Alan Grayson Went a Little to Far - He is Nuts!

It looks like someone is standing up to Congressman Grayson.  His politically motivated childish behavior and name calling have gotten enough people in his district upset enough that they have started a pac to raise money to unseat him next year. 

My only question is what took so long? 

Look here

Thursday, October 29, 2009

The Desensitizing of our Youth. Watch A Gang Rape, Get No Punishment

Today came the announcement that the 10 yes count them; 10, people who watched a high school student being ganged raped and beaten will not face any charges. What kind of society are we living in? Have we really desensitized our children to the point that they will watch a girl face that type of violence and humiliation and do nothing?

You hear so many people make fun of groups that are trying to have the entertainment industry to understand that they do have a sense of responsibility. There are video games that very young children play that have them committing acts of violence against woman and police officers. One video game you actually get extra points for beating up a “ho”.

I am not a person who advocates censorship. But, isn’t time that we admit that censorship and responsibility are two different things? Isn’t it time that families stand up say that we are not going to allow our children to witness acts of violence on a regular basis on television? How many more girls will have to be brutalized before we realize that we have let our children down? We, as a society, are to blame for what happened to this young woman.

The school security let the parents of this girl down. They sent their daughter, dressed up in her pretty purple gown, to a school sponsored dance thinking that they would have the proper security. The parents were told that not only would school security be on site, there would be additional security from the city’s police. Why wouldn’t these parents think that their daughter would be safe for a few short hours in the school gym?

Witnesses have claimed that the kids who committed this heinous act were seen by the vice principal of the school and he did nothing. Both the security and police never questioned them either. The young girl was somehow brought to dimly lit alley and was repeatedly raped; by multiple boys. Some of these boys are as young as 14. They took turns raping her, used foreign objects to further rape her, beat her into unconsciousness, then left her under a bench; presumably to die. All the while at least 10 people (and I use that term loosely) looked on and did nothing to help her. She is 15 years old.

If we can pass legislation that makes it a crime to think a certain way, we certainly should be able to prosecute people for watching young girls get repeatedly raped and doing nothing. They are just as guilty as the people who committed the act themselves; in some ways even more so. I don’t know how these 10 people will ever be able to look in a mirror again.

I have volunteered at rape centers. I have spoken to women of all ages after this has happened to them. I have gone to the hospital to be with them while the rape kits are done. I have told them that they will feel whole again, even though I know that isn’t entirely the truth. The road that this girl will have to walk to return to any sense of normalcy is a long and steep one. She will need extensive therapy to help her deal with the trauma. She is going to have problems with intimacy, she is going to have problems with trust, and she is going to suffer from nightmares for many, many years to come. And the people who watched this need to understand this.  Maybe some time in jail will give them the time to realize what their inaction has done. 

Her family and friends will need to be nurturing and understanding. She can get past this to live a full life if she gets the help that she is going to need. I did.

Wednesday, October 28, 2009

Senate Target List - Activism Hats Please

We have made progress on healthcare.  We need to keep up the pressure.  Here is list of senators to target.  Keep the pressure on:

Sen. Michael F Bennet, Colorado

DC Office Phone Number: 202-224-5852, DC Fax Number: 202-228-5036

Sen. Ben Nelson, Nebraska

DC Office Number: 202-224-6551, DC Fax Number: 202-228-0012

Sen. Mary Landrieu, Louisiana

DC Office Phone Number: 202-224-5824, DC Fax Number: 202-224-9735

Sen. Mark Pryor, Arkansas

DC Office Phone Number: 202-224-2353, DC Fax Number: 202-228-0908

Sen. Blanche Lincoln, Arkansas

DC Office Phone Number: 202-224-4843, DC Fax Number: 202-228-1371

Sen. Robert Byrd, West Virginia

DC Office Phone Number: 202-224-3954, DC Fax Number: 202-228-0002

Sen. Jim Webb, Virginia

DC Office Phone Number: 202-224-4024, DC Fax Number: 202-228-6363

Sen. Mark Warner, Virginia

DC Office Phone Number: 202-224-2023, DC Fax Number: 202-224-6295

Sen. Jon Tester, Montana

DC Office Phone Number: 202-224-2644, DC Fax Number: 202-224-8594

Sen. Joe Lieberman, Connecticut

DC Office Phone Number: 202-224-4041, DC Fax Number: 202-224-9750

Sen. Mark Begich, Alaska

DC Office Phone Number: 202-224-3004, DC Fax Number: 202-224-2354

Sen. Evan Bayh, Indiana

DC Office Phone Number: 202-224-5623, DC Fax Number: 202-228-1377

An Interesting Development in the VA Governor's Race - A NoVA Paper Urging it's Very Blue Reader's to Vote for McDonnell

Northern Virginia Sun Gazette

Editorial: Our Pick for Governor

When the history of the 2009 race for governor is written, the unresolved question may be: What made Democrat Creigh Deeds, a soberminded and likable state senator, opt to run one of the most vile campaigns in recent Virginia history?

It’s gotten so bad that a host of Democratic leaders and supporters had to step in last week and publicly chastise the nominee, telling him he needs to project a more positive image to the voters. But the damage already was done.

Deeds’ decision to focus so much of his time and campaign treasure to attacks on Republican Robert McDonnell suggests that, having come from behind to win a three-way Democratic primary, the Democratic nominee had no general-election strategy or any coherent plan on how he wants to govern the commonwealth. Instead, he chose to spend enormous energy attacking McDonnell, largely through surrogates. It all has struck us as, in a word, unfathomable.

McDonnell is not without flaws. Some of his policy positions give us pause, and some others appear like gimmickry. But put the two candidates next to one another, and there is one candidate who has given thought about how he plans to lead the Old Dominion out of current economic conditions. Robert McDonnell.

McDonnell has the solid backing of the business community, which fears Deeds could become a tool of unions and environmentalist fringe groups, wrecking the bipartisan effort that has maintained the Old Dominion as one of the most business-friendly states of the 50. McDonnell has a plan for transportation upgrades; Deeds urges us merely to trust him to come up with a solution.

For those, perhaps a majority of Northern Virginians, who plan to vote for Deeds, we ask the question: What, besides the (D) next to his name, has he done this campaign season to engender enthusiasm or support? How will someone who has overseen such a debacle of a campaign manage to run the state government?

If voters can find suitable answers to those questions, Deeds is a reasonable choice. But, absent such answers, there is only one candidate who meets Virginia’s standards, and that is Robert McDonnell.

Monday, October 26, 2009

Hey Newt, Can You Hear Us Now? - Endorsing Dede not such a good idea

Last week, Newt Gringrich endorsed a very liberal candidate for the 23rd congressional seat in NY.  Dede is one of the most liberal state senators in a state that has more than it's fair share.  So it is truly saying something that she is on the list of most liberal. 

Has Newt lost his mind?  Has he changed his party affliation like Spector?  Not according to him.  He has stated that Dede told him that she wouldn't vote against Pelosi to be speaker.  OOOH, that is important.  At this point the republicans can't do anything about that.  Does he think that Hoffman would?  His explanation makes no sense.  He just was unwilling to buck the party line. 

Well, on Saturday he did a signing for his new book at his local Books-A-Million store.  That just so happens to be my local Books-A-Million store as well.  The Northern Virginia Tea Party Association decided that Newt needed to understand that conservatives feel betrayed. 

If you want to join the fun, see his schedule here

Photos provided by Northern Virginia Tea Party

Sunday, October 25, 2009

The Willfully Blind Need Not Apply

Willful Blindness

Function: noun

: deliberate failure to make a reasonable inquiry of wrongdoing despite suspicion or an awareness of the high probability of its existence

I have been blogging now for slightly more than six months. Most of this experience has been a positive one. I didn’t know what to expect when this started and I was scared that I would be the only one reading what I wrote. I have been pleasantly surprised as my readership has grown. 

 I am a person who loves debate and really enjoys listening to other points of view. I will admit that I get a little impatient if people don’t articulate themselves very well. But, I really do not like is people who suffer from willful blindness and victimhood.

It is willful blindness to believe that you are victim based only on the color of your skin. It is willful blindness to believe that all people of color must think alike or they are sellouts. It is willful blindness to not realize that when you only identify yourself as a victim that it radiates from you and people don’t want to be around you. It is willful blindness to take quotes out of context to fit your twisted ideology. It is willful blindness to not see that anything that government gives you, they can take away. It is willful blindness to not see that giving a mortgage to someone who cannot afford to pay it back is harming them. It is willful blindness to not see that restricting federal money for poor urban students to attend better schools only helps keep them in poverty. It is willful blindness to blame everyone else but yourself for your problems. It is willful blindness to not realize that being a constant victim absolves you from being responsible for your own choices and your own life. It is willful blindness to not realize that by crying racism for every little thing diminishes the real claims of racism.

One of my all time favorite people in the world is black. He has brought so much to my life. I am grateful everyday for the relationship that we have and I trust him with my life. He looks at himself as man; a man who happens to be a person of color, not someone who is a victim. A man, who on election day, was proud to see a black man become the President of the United States. Even though Obama is a man he doesn’t agree with politically nor did he vote for. An accomplishment that he admitted he didn’t think he would see in his lifetime, and he is happy that his son is growing up in a world that it will never occur to him that he can't be president.  A man who has made it possible through hard work and a good education for that son to grow up in a very different economic environment than he did. 

So this is a little something about me and my philosophy of this blog. If you want to leave comments, come armed with facts. If you want to play victim, go somewhere else. You are not welcome in this sandbox. The 1st ammendment guarantees you that the government can’t restrict your speech. You have no such right here. And yes, Kid; this is for you. 

Saturday, October 24, 2009

Sarah and Oprah - Much Ado About Nothing

I had not really planned on taking up this topic, but it doesn't seem to want to die. Sarah Palin will be going onto the Oprah show. The episode will air the day before her book comes out for release. Palin fans are upset that she would go on the show after not being invited during the election. Oprah fans, who are not conservatives, are upset that she would give "that" woman the time of day.

It is easy to see why Oprah would have her on. Since the time of her open expression of love for all things Obama her ratings have gone down. This may very well not be connected, but I have feeling that they are. Many stay at home moms are conservatives. Stay at home moms must be a pretty large part of her audience since if you are working 9-5 you’re not home to watch.

Oprah fans are very, let's say, committed. I know someone who uses her DVR and has an Oprah marathon every weekend. She reads every book that Oprah recommends, gives to the charities that Oprah features on her show. She is a total fan, and would probably faint if she were ever to meet her.

I have watched her show in the past. I also will admit to reading a few of the books that she has recommended. While reading those books, I have found many of them to be depressing, so I have stopped. Someone in my life actually appeared on her show a few years back. I think that was the last time I watched it in fact. I don't dislike her show; I just don't think the topics have much relevance to my life.

Oprah had never in the past talked about her politics. If it was an interest for her, she kept her beliefs to herself. This is a good thing. She obviously has a great deal of influence with people. Oprah's more liberal fans are outraged that she would give Gov. Palin such a platform to hawk her new book.

Fans of Sarah are just as committed as Oprah's. People felt that since Oprah had opened herself up and publically backed Barack Obama, she, for balance sake, should have had on Sarah Palin. Especially since immediately following the announcement of her candidacy, she was the hot ticket for the big interview.

Let's be honest here, Oprah is not a reporter. She doesn't have to be fair or balanced. It is her show, and if she chose not to have candidates on, that is her right. She didn't have the Obama’s on once he won the nomination. So in reality she was being fair. So the Sarah side needs to get it over it. If they didn't like it, they could stop watching.

It appears that many people did. As I said her ratings have slumped since last summer for the first time in her shows history. So Oprah's fans need to get over it too. Oprah will get the conservative/independent audience that is interested to see how she handles herself. Her ratings will greatly improve that day. It is very possible that people that stopped watching her show for this reason may start watching again.

This is about money. Oprah needs ratings, and Sarah has a book tour to conduct. In most cases book deals require a certain amount of personal appearances. This is a help to them both. Everybody just needs to get over themselves. They are doing their jobs.

Friday, October 23, 2009

The Tactics of Diversion are not Working - White House VS. Fox News

As the saga between Fox News and the white house continue, I have been pondering what the real reasons for this are. I would have to fall on the side of diversion. While I agree that they seem like crybabies and need to throw a bone to the far left base, it seems to me that can’t be the only reason.

Today is a good example of why a diversion is a welcome thing. Iran has been offered a deal that would allow them to have the means to have nuclear energy and get the rest of the world off their backs; and they have, yet again, backed out. The questions of our troop’s safety in Afghanistan while the President decides whether he is going to listen to his hand-picked general that is on the ground continue. The unemployment rate continues to rise. An announcement from the administration today noted the fact that the stimulus has done all it is going to do. The votes for a public option are not there in either the house or the senate. None of this is good.

To further complicate matters, Time Magazine will be printing a piece on the president that includes sections of his college thesis. Again, not good news for the President; it calls the founding fathers “so-called” and basically says that the constitution is flawed and needs to be changed. So, the “fundamental change” he promised us is in jeopardy.

People have stood up. We have shown up at tea parties and town hall meetings. We are writing and calling our congressional offices to voice our concerns. The politicians only say they want involvement. The truth of the matter is that they would be much happier if we all just continued to bury our heads in the sand and let them run roughshod over the freedoms that we are guaranteed. If they take them away slowly, we may just not notice. That is what they were counting on.

The problem is that, as the republicans did eight years ago, the dems are now over-reaching and doing too much too fast. The founders of the country very specifically and smartly designed our government to move slowly. While it may be annoying at times, it is for the best.

Fox News is talking about these issues. I will be the first to admit that they lean to the right. But, leaning to the right doesn’t mean that they are liars or are falsely reporting the stories of the day. The reality is they are really just going after Beck and Hannity. Beck and Hannity are doing commentary. Both are conservatives, even worse Beck is a libertarian leaning conservative. That means he really doesn’t like anyone in the government. Both of them stand up five days a week and give their sometimes stinging criticism of what this administration is doing.

The fact that I can refer to Beck and Hannity by their last names and people know who I am talking about says everything that needs to be said. You can say that you don’t agree with them, but you know who they are. They both have a clear voice on what they believe and have the megaphone in order to say it. Beck hammered away at Van Jones and ACORN. He won those battles; at least for now. Van Jones is out of the white house and ACORN is going to be more closely monitored; at least for now.

The administration may think that they are doing a good job at diversionary tactics, but the facts are that the ratings of Fox News have increased. Which only means that more people are hearing the stories of what this administration is doing that is against the constitution and endangering our freedoms. More people are hearing about what is contained in the so-called healthcare reform bill. More people are realizing that it isn’t about healthcare; it is about consolidating power for the executive branch. This is something that the left hammered President Bush for. It isn’t healthy whichever party is doing it. Beck is pointing that out to his ever growing audience. This is exactly what the Obama administration doesn’t need. But as far as I am concerned, keep up the war. You are only making my job as part of the new “community organizers” easier.

Nancy Pelosi, Blue Dogs and You

Today, the big news is that Nancy Pelosi does not have the votes in the house to pass healthcare legislation that contains a public option. The speaker is in a bit of a conundrum. She has publicly stated on many occasions that passing legislation that does not contain a public option is out of the question as far as she is concerned. The blue dog dems have made their impact and have stayed together; they are saying no way, no how.

The real irony to this story is the fact that Speaker Pelosi has created this situation herself. After the 2004 loss of John Kerry, she devised a plan to consolidate power in the house. In order to do this, the party made a concerted effort to go out and find moderate democrats to run in districts that lean more conservative. Her plan worked beautifully, until now.

In 2006, the gains that were made by the democrats gave the democrats control of the house and gave her the speakership. That lead was increased in 2008. The republicans got their clocks cleaned and her power was further consolidated.

The speaker is trying to foist her extreme left wing views on the rest of the country and fully expected her compatriots to go along. I am sure that she is thinking to herself, I helped get you elected and you owe me. So far they are staying true to the job that they were elected to do, represent the people from their districts; not give Speaker Pelosi everything that she asks for. Conservative leaning districts don’t want government run healthcare.

A large part of this good news to conservatives has to do with you. All the people who showed up at town halls, and have written letters, sent e-mails, and have gone to tea parties made the difference. Keep up the good work. If we keep the pressure up, we may just be able to get real healthcare reform, not the dribble that they are trying to pass off as reform.

Thursday, October 22, 2009

Sarah Stands By Her Word - Doug Hoffman Endorsement - Updates

During her speech in which she announced her resignation as Governor of Alaska, Sarah had said she was going to stand by conservative principles before party.  Today she did just that. 

Gov. Palin has weighed in on the race for the NY 23rd congressional seat. Doug Hoffman has a record of being a true conservative. Sarah has thrown her weight as well as funds from Sarah Pac behind his unlikely candidacy. Mr. Hoffman is the conservative independent running in the race. This is going to be one of the first true tests of the tea party movement.

The actual republican candidate is Dede Scozzafava. I, for one, don’t particularly like the term RINO (republican in name only), but in this case that is one of the kindest things that can be said about her. She cannot even be classified as a moderate republican in the mold of Olympia Snowe or Lindsay Graham. She is pro-acorn, rabidly pro-life, and a big government tax and spender. Why exactly she calls herself a republican is a question that I just cannot answer. To make matters worse, some big name conservatives, such as Newt Gringrich, have thrown their weight behind her candidacy. A very disappointing development to conservatives like myself indeed.

To further complicate matters on Monday night she actually called the police on a blogger from the Weekly Standard. There had been a report on a union friendly website saying that she had changed her stated position on Card Check legislation. He asked if the AFL-CIO announcement on the website was an accurate statement, since last month her campaign had announced that she was against the pro-union legislation that virtually all conservative/republicans are against. She did admit that she has changed positions and would support the bill if she reaches congress. Mr. McCormack tried to ask some follow up questions to her flip flopping and he was unable to get any additional answers as her staff got her away from him.

Mr. McCormack saw her standing in the parking lot and proceeded to try and get some more answers and again was rebuffed. While he was sitting in the car filing his report, the police with sirens and flaring lights approached him. The following day her campaign described him as a stalker. She actually went “there”, calling the police on a reporter who asked questions that made her admit to being a flip-flopper and showing without any doubt that she is in no way deserves to be elected to congress. Although in some ways she will fit right in to some of the behavior that is presently going on inside the beltway.

The Tea Party movement is strongly supporting the candidacy of Mike Hoffman. They are asking that you make a symbolic donation to his campaign of $9.12, or of course more if you can afford it. You can read more about who is supporting the “right” candidate at Left Coast Rebel, and who is supporting the rino on Another Black Conservative.

Mr. Hoffman has raised more than $100K since the announcement of Gov. Palin's endorsement

A Constitutional View of HR 3200

Constitutional Lawyer critiques Health Care Reform (HR 3200)

by Michael Connelly of Carrollton, Texas, retired Constitutional Lawyer, having read the entire health care bill (HR3200), has some comments, not about the bill, but about the effects on our Constitution. It's a broader picture than just health care reform.


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

Michael Connelly

Retired Attorney, Constitutional Law Instructor

Carrollton, Texas

Another Day, Another Radical - Craig Becker, Union Official

Here is yet another radical that is up for nomination to high level position. Craig Becker is up for a position on the Nation Labor Relations Board, a part of the Department of Labor. This board oversees secret ballot elections and resolves issues of unfair labor issues. This board has a great deal of power over how unions are administrated in businesses all across the country. Mr. Becker is the former attorney for both the AFL-CIO and the SEIU. In his own words unions are:

“formed to escape the evils of individualism and individual competition”

He goes on to say unions:

“their actions necessarily involve coercion”

“‘Employees' only choice, explained Mr. Becker, should be over which set of union officials get ‘exclusive’ power to negotiate their wages, benefits, and work rules.”

He supports home visits during the voting process, and allowing outside attributors to force contracts on workers without an up or down vote. His feelings about unions is that we should have only the choice to what union we join, if we refuse he should be able to pick that union for us.

Becker helped force tens of thousands of workers into state dictated unions. For example, Los Angeles SEIU Local 6434’s 2007 LM-2 report revealed that almost 63,000 people rejected membership in the union but are still forced to pay dues.

I happen to live in a right to work state, so I cannot be forced to join a union nor can I be forced to pay dues. That is not the case in some states, especially in the Northeast. If Mr. Becker has his way the laws of the northeast will be imposed all across the country.

His nomination was voted out of the Health, Education, Labor and Pensions committee yesterday. He will be coming up for an up and down vote on the senate floor. Please contact your senators regarding this nomination.

Wednesday, October 21, 2009

We should send some thank you notes - Cloture Vote Fails

Here is the list of Senators that voted against the Cloture motion in the Senate today.  Of course Sen. Reid blamed the republicans, but if you look at the list you will see that he lost 14 democratic senators. 

U.S. Senate Roll Call Votes 111th Congress - 1st Session

as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate

Vote Summary

Question: On the Cloture Motion (Motion to Invoke Cloture on the Motion to Proceed to S. 1776 )

Vote Number: 325 Vote Date: October 21, 2009, 02:34 PM

Required For Majority: 3/5 Vote Result: Cloture Motion Rejected

Measure Number: S. 1776

Measure Title: A bill to amend title XVIII of the Social Security Act to provide for the update under the Medicare physician fee schedule for years beginning with 2010 and to sunset the application of the sustainable growth rate formula, and for other purposes.

Vote Counts: YEAs 47

NAYs 53

Alexander (R-TN)

Barrasso (R-WY)

Bayh (D-IN)

Bennett (R-UT)

Bond (R-MO)

Brownback (R-KS)

Bunning (R-KY)

Burr (R-NC)

Byrd (D-WV)

Chambliss (R-GA)

Coburn (R-OK)

Cochran (R-MS)

Collins (R-ME)

Conrad (D-ND)

Corker (R-TN)

Cornyn (R-TX)

Crapo (R-ID)

DeMint (R-SC)

Dorgan (D-ND)

Ensign (R-NV)

Enzi (R-WY)

Feingold (D-WI)

Graham (R-SC)

Grassley (R-IA)

Gregg (R-NH)

Hatch (R-UT)

Hutchison (R-TX)

Inhofe (R-OK)

Isakson (R-GA)

Johanns (R-NE)

Kohl (D-WI)

Kyl (R-AZ)

LeMieux (R-FL)

Lieberman (ID-CT)

Lugar (R-IN)

McCain (R-AZ)

McCaskill (D-MO)

McConnell (R-KY)

Murkowski (R-AK)

Nelson (D-FL)

Risch (R-ID)

Roberts (R-KS)

Sessions (R-AL)

Shelby (R-AL)

Snowe (R-ME)

Tester (D-MT)

Thune (R-SD)

Vitter (R-LA)

Voinovich (R-OH)

Warner (D-VA)

Webb (D-VA)

Wicker (R-MS)

Wyden (D-OR)

Things that make you say hmm

In the senate healthcare reform bill doctors will be fined if they administer too many tests.  Why am I being told that there will be no rationing?  Doesn't it make sense that doctors will not give some necessary tests if they are going to be fined? 

Have you noticed that since healthcare reform is on the front burner, you no longer hear stories about soliders being turned down for some medical treatments by the VA?  These stories were all the rage when the Iraq war was the front burner story.  Could it be that so that we won't realize that the VA is a government run healthcare system that is a broken system that doesn't work very well? 

Sen. Blanche Lincoln - D of Arkansas is polling behind all four of the republican contenders.  Her seat has been moved from clear advantage to incumbent to narrow advantage from veteran election forecasters.  Keep those faxes and emails to her offices coming.  This could make the difference between real reform and what Pelosi and Co. are trying to shove down our throats. 

The National Institute of Health is spending more than a half million dollars to study whether teenagers living in urban areas that carry guns and drink are more likely to be shot.  Gun toting drunk teenagers; hmm, wonder how that is going to turn out.  Give me the $650,000 because I can tell you that the answer to that question would be yes. 

President Obama announced today he wants to see how election fraud issues are handled in Afghanistan before making a decision on troop levels.  Will it matter who is the president if the Taliban and/or al Queda takes over again? 

Another campaign promise has been waylaid.  Then Sen. Obama felt that President Bush was not being aggressive enough to stop the genocide in the Darfur region of Sudan.  He has announced a program that has more carrots then sticks.  The Sudanese government has taken advantage of every incentive offered, yet have not kept their end of the bargain to make changes.  Much like the North Koreans. 

Asian countries seem to have no qualms using images of the holocaust as a form of advertising.  A wax museum used a picture of a saluting Hilter as a billboard.  After compliants from both the Germans and Israelis it has been taken down.  Hey, Maybe Anita Dunn should live there, they most likely love Mao as well. 

Carbon tax credits sell on the European commodities market for $20/share.  The cost of carbon credits from the Cash for Clunkers program in the US was about $500.  A really good use of our tax money wouldn't you say? 

Tuesday, October 20, 2009

AG Holder showing his true colors

The Obama administration continues to prove that it has an agenda that is not based on bringing this country together, but furthering the racial divides. A small town in North Carolina voted and approved a move that would remove party affiliations from the ballots of all local elections. The Justice Department has decided to weigh in and decided that this act violates the voter’s rights act.

“The department ruled that white voters in Kinston will vote for blacks only if they are Democrats and that therefore the city cannot get rid of party affiliations for local elections because that would violate black voters' right to elect the candidates they want.”

What exactly are saying? Is it that White people are so racist that they would never vote for a black candidate unless they are a democrat? If I recall correctly, there are black republicans who have been voted into office in this country. Michael Steele held the second highest office in the state of Maryland. JC Watts Jr. was a congressman from Oklahoma. There is talk he will be running for office again in the near future. Or are they saying black people are too stupid to figure who they want to vote for unless they have a D at the end of their name? Either way, it is condescending and disrespectful. This coming from the same Justice Department that has elected not to prosecute to the Black Panthers for their actions of voter intimidation in Philadelphia during the election this past November. I would think that standing outside a polling booth with a jimmy stick is far worse than taking away party affiliations.

Kinston is a small town of about 23,000 people and about 15,000 of them are black. This was a ballot vote during the last presidential election. It couldn’t have passed if the black community didn’t go along with it. When you live in a town that small, you are very aware of the person who is running. While you may not know them personally, chances are you know someone who does.

I find it unbelievable that black people in this country don’t realize that the government is much further behind in race relations than that of the average person. The fact that racism exists cannot and should not be ignored, but it is not nearly what it was a few short decades ago. Why is it that black people don’t realize that the proof is mounting that democrat leadership in this country seems to be much more willing to allow people of color to be treated that they don’t have a brain and are not capable of deciding for themselves what is and what is not in their best interests.

The greatest irony of this story is that no one in this town seems to remember the last time a republican won a major seat. Hmm, maybe this has more to do with the fact that someone that has more “republican” views could win an election if they didn’t have an R at end of their name. Either way the justice department needs to butt out of local politics and allow this town to do what is in their best interests and the best interests of the people that actually live there and have to live with the decisions that are made at the local level.

I Double Dog Dare You - Go ahead Al, file that lawsuit

Rev. Al Sharpton has threatened to sue Rush Limbaugh in regards to his op-ed piece in Sunday’s issue of The Wall Street Journal. In the piece Rush was being Rush and went after Al Sharpton with little mercy.

I am personally not a huge fan of Rush. I find him more than a little arrogant and I don’t think that he can bring himself to admit when he is wrong. I listen to him from time to time; mainly when a big issue comes up just to hear his reaction. If one is being honest they would have to admit that Rush tends to be a race baiter. Now, that is very different than being a racist. There is no evidence that Rush is a racist. He has a shtick and being very provocative is part of that.

There is nothing that Rush does that Al Sharpton does not do as well. Sharpton has said some pretty horrible things over the years. He has spent decades trying to divide people instead of trying to bring them together. I grew up in Southern Connecticut, which is the same as being a suburb of New York City. So I have heard from Al Sharpton ever since I can remember. When he was walking around in his sweat suits and spewing racial hatred. I used to think he really disliked white people.

See I think that Rush needs to keep talking. Push Al to file that lawsuit. Wouldn’t you just love to have him under oath? I would really like to know when exactly he knew that Twana Brawley was a lair. Was it before or after all the racial tensions in New York City was coming to a boiling point? I would like to know exactly what he meant when he called Jews Diamond Merchants. Was it a put down? Because it certainly sounded like one at the time to me. I would like to know why he doesn’t feel any sense of responsibility for continuing the riots that occurred after the tragic accident in Crown Heights. I also would like to know why he felt the need to write the letter to the NFL at all. I heard him being interviewed the other night and he said that was just taking the side of the minority players. Did they ask him to get involved or did he just take it upon himself to get back at a man that has repeatedly made fun of him? And just for a few more laughs, I would really like to know why he feels that he speaks for the poor when he has in the past hawked himself for pay day loan companies. That is something that never really was in the news. I have insomnia issues and saw a commercial of his and was shocked and appalled that he would do something like that and then have the audacity to say he speaks for the poor and under-privileged people. If he truly felt that way would he take money from an organization that preys on the poor to make huge profits?

There is an old Chinese curse – May you get what you wish for. So go ahead Al, file that lawsuit. Rush has plenty of money. He can hire the best attorneys in the country. I personally would pay money to watch him under oath during depositions. Seriously, someone could make a fortune if that were put on pay for view. How much would you pay to watch him being deposed? 

Monday, October 19, 2009

And The Winner Is:

The New York Times has declared Fox News the winner in the ongoing drama with the White House.  This is a little before my time, but the NYT has a little experience with this.  President Nixon declared war on the paper in the seventies.  We all know how that turned out. 

Sunday, October 18, 2009

The 2nd Ammendment and You

Gun History

After reading the following historical facts, read the part

about Switzerland twice


In 1929, the Soviet Union established gun control.. From 1929 to 1953,

about 20 million dissidents, unable to defend themselves, were rounded

up and exterminated.
In 1911, Turkey established gun control. From 1915 to 1917, 1..5 million

Armenians, unable to defend themselves, were rounded up and

Germany established gun control in 1938 and from 1939 to 1945, a total

of 13 million Jews and others who were unable to defend themselves were

rounded up and exterminated.

China established gun control in 1935. From 1948 to 1952, 20 million

political dissidents, unable to defend themselves, were rounded up and

Guatemala established gun control in 1964. From 1964 to 1981, 100,000

Mayan Indians, unable to defend themselves, were rounded up and

Uganda established gun control in 1970. From 1971 to 1979, 300,000

Christians, unable to defend themselves, were rounded up and

Cambodia established gun control in 1956. From 1975 to 1977, one million

educated people, unable to defend themselves, were rounded up and

Defenseless people rounded up and exterminated in the 20th Century

because of gun control: 56 million.


You won't see this data on the US evening news, or hear politicians

disseminating this information.

Guns in the hands of honest citizens save lives and property and, yes,

gun-control laws adversely affect only the law-abiding citizens

Take note my fellow Americans, before it's too late!

The next time someone talks in favor of gun control, please remind them

of this history lesson.

With guns, we are 'citizens.'

Without them, we are 'subjects'..

During WWII the Japanese decided not to invade America because they knew

most Americans were ARMED!

If you value your freedom, please spread this anti-gun control message

to all of your friends.

The purpose of fighting is to win. There is no possible victory in

defense. The sword is more important than the shield, and skill is more

important than either. The final weapon is the brain. All else is









I'm a firm believer of the 2nd Amendment!

If you are too,

please forward.

Just think how powerful our government is getting!

They think these other countries just didn't do it right.

Learn from history
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