Monthly Archives: March 2010

Health Care Bill unconstitutional, Executive branch power grab, Constitutional law attorney, Michael Connelly, Health care rationing, Free health care for illegal immigrants, Transfer of power to the Executive Branch

Health Care Bill unconstitutional, Executive branch power grab.

As many of us know, the tax and control bill, referred to by the Democrat Congress as the Health Care Bill, is unconstitutional. But even scarier than that, it is a massive effort to transfer more power to the Executive Branch of Government.

Michael Connelly is a retired attorney and constitutional law expert. From his site:

“Well, I have some bad news for all of the socialists, or progressives, or whatever you choose to call yourselves this week, you have made a huge mistake. Following the attack on Pearl Harbor on December 7, 1941, Japanese Admiral Yamamoto who led the attack said that: “I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve.” I suggest to President Obama, Nancy Pelosi, and Harry Reid that you have awakened the giant again and that this giant, made up of freedom loving Americans, is going to be coming at you from every direction you can imagine.

Individuals and State Governments will be challenging you in the courts, and Americans will take you on in the polling places. In every city, town and village you will hear the voices of angry Americans and despite your best efforts we will not be silenced. You will hear the outcry of Americans of every race, religion, and creed and we will prevail.

To my fellow freedom loving Americans I say this: I am nothing special, just a retired attorney and U.S. Army veteran who loves my country. Yet, my family has fought in every war that has America has engaged in since my ancestors first joined North Carolina and Virginia Cavalry Regiments during the Revolution. Now I have two sons fighting for our nation in the military. I will not allow their fight to have been in vain.

Help in any way you can, though letters to your local newspapers, financial support for groups filing lawsuits, or simply with your prayers for our country. We all must make our voices heard and do what is necessary to save our nation. Never despair and never surrender. For if freedom in America dies, then it dies in the rest of the world. God Bless America!”

Read more:

http://michaelconnelly.viviti.com/

Mr. Connelly has read the entire bill.

“Well, I have done it! I have read the entire text of: The Affordable Health Care”

“Well, I have done it! I have read the entire text of: 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 by the government.
However, as scary as all of that is, 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, to 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 to protection against unreasonable
searches and seizures. A direct violation of the specific provisions of the 4th
Amendment to the Constitution. 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.”

Read more:

http://randysright.wordpress.com/2010/03/24/well-i-have-done-it-i-have-read-the-entire-text-of-the-affordable-health-care/

Kerchner v Obama and Congress, Update, March 24, 2010, Charles Kerchner comments on Appellant’s Reply Brief, Mario Apuzzo attorney

Kerchner v Obama and Congress, Update, March 24, 2010, Charles Kerchner comments

From Charles Kerchner, lead plaintiff in Kerchner v Obama and Congress.

“For immediate release – 23 March 2010

Commander Kerchner’s comments on the Appellant’s Reply Brief filed today by Atty Apuzzo in the Kerchner v Obama & Congress Lawsuit Appeal

By now many of you have likely had time to read Attorney Mario Apuzzo’s outstanding Appellant’s Reply Brief filed today with the U.S. 3rd Circuit Court of Appeals in Philadelphia PA. The closing two paragraphs sum up the issues and consequences and the duty of the federal court’s role in resolving the core constitutional legal question of this lawsuit very well. Imo, Atty Apuzzo’s words will live in history. The federal courts must take this case or our Constitutional Republic is doomed and on its way to the scrap heaps of history.

Atty Apuzzo writes on pages 29 & 30:
—————————————-
“The Supreme Court has warned us what can happen to our republic if its government does not observe the laws of the land. United States v. Olmstead, 277 U.S. 438 (1928). A finding of no jurisdiction will mean that we as a nation accept usurpation and tyranny by a small group of individuals who can act in concert and gain control of both parties and overthrow the constitutional order of our Republic and that citizens of the United States such as the plaintiffs, whose life, liberty, safety, security, tranquility, and property are threatened by such a plan and action, do not have any due process to protect themselves through a legal action in which they ask the judicial branch of government to protect them by enforcing the Constitution.

Judicial review is absolutely necessary when the other two branches of government act in a concerted way to subvert and ignore the Constitution’s requirements defining eligibility standards for the most powerful office of the land, the President and Commander in Chief of the Military. This power balance is important to the survival of our Republic and our Constitution.  Plaintiffs’ case goes to the very core of our Constitution, the fundamental law of our land, and whether ultimately our legal system truly means anything when it comes to controversial but critical constitutional issues.  For the Court to grant plaintiffs standing, find no violation of the political question doctrine, and rule that it has jurisdiction over plaintiffs claims will do no harm to the role that the judiciary plays in our Constitutional Republic but will rather confirm that elections in America must adhere to the rule of law.”
—————————————–

Bravo-Zulu Mario! You have done your job well. In your various briefs you have given the courts the facts and correctly cited the laws of our nation, including the Constitution which is the fundamental law of the land. The decision is now in the hands of the Appellate Court. They must now do their duty in our constitutional system of checks and balances and use their judicial review powers granted to them by We the People in the Constitution, and confirmed by the great Chief Justice John Marshall, to prevent usurpation of power by the other two branches. May they look for guidance to God, the Declaration of Independence, the Constitution, the Federalist Papers, and the U.S. Supreme Court decisions you cited in your Appellant’s Opening Brief and other briefs, and then do the correct thing per their oath “… to support and defend the Constitution of our United States against all enemies foreign and domestic … so help me God”, and remand the case back to the District Court for a trial on the merits so we can learn before the bar of a court of law the true legal identity of Obama and reveal what he has been hiding from the American people, that he is not an Article II “natural born Citizen” to constitutional standards.  And in doing so, We the People will remove the Usurper from the Oval Office.

If you have not read the entire Reply Brief you can read it here:

Kerchner v Obama & Congress – Appellant’s Reply Brief – Filed 23 Mar 2010 – U.S. 3rd Circuit Court of Appeals – Philadelphia PA
http://www.scribd.com/doc/28779811/Kerchner-v-Obama-Congress-Appeal-Appellant-s-Reply-Brief-filed-23-Mar-2010

May God Bless and Save America,

Charles Kerchner
Commander USNR (Retired)
Lead Plaintiff
Kerchner v Obama & Congress
http:www.protectourliberty.org
http://puzo1.blogspot.com
####”

Fire Pelosi, Buh bye congress, November 2010 elections, Kick the jackasses out, Harry Reid, Bart Stupak

Fire Pelosi, Buh bye congress, November 2010 elections

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

Buh

Bye

Congress

 

Obama and the Democrat controlled congress have won a skirmish or battle. They will  not win the war. Obama, Nancy Pelosi and Harry Reid are liars and hypocrites. We now know that Bart Stupak and many other Democrats in Congress are also liars and hypocrites as well as being un American. They have made it easy to identify who to vote out in November.

 

Nancy Pelosi may not be voted out anytime soon, but her power as Speaker of the House is coming to an end.

 

It’s The People’s House, Not Pelosi’s House

“Republicans in Congress have listened to your concerns in the debate over health care.  They’ve fought hard to make the voices of the people who opposed this bill heard in the halls of Washington, D.C.  In fact, by any objective account, they won the debate.   Unfortunately, the only side of the debate that matters to House Speaker Nancy Pelosi is her own.
After all her wrong-headed policies and failed promises, we know she isn’t listening to the people’s voice and isn’t doing the People’s business.  It’s her business, her agenda that she fights for – and a radically flawed agenda it is.
Over the last year, Pelosi promised to preside over the most open and transparent government, yet even her own Democrats admit they simply “aren’t transparent;”she promised to create jobs, yet America has lost 3.3 million since the passage of her maligned stimulus bill; she promised to legislate with a spirit of bipartisanship, yet Democrats say “they have been explicitly told not to work with Republicans.”  Now, despite overwhelming opposition from the American people, she’s forced her health care bill through the House Chamber, after calling opponents of government-run health care “un-American.”
This is exactly why, in the few hours since Madam Speaker passed her government-run health care bill, Americans have donated more than $600,000 (far exceeding our original goal of $402010) to fire Speaker Pelosi and help Republicans regain the majority in 2010 to reverse the damage she has done.”

Read more:
http://www.gop.com/index.php/chairman_steele/comments/ita1

Kerchner v Obama, Update, March 23, 2010, Appeal Reply Brief and Request for Oral Argument, Charles Kerchner, Attorney Mario Apuzzo

Kerchner v Obama, Update, March 23, 2010

I received this a few hours ago from Charles Kerchner, lead plantiff in Kerchner v Obama and Congress.

“Kerchner v Obama Appeal Reply Brief and Oral Argument Request Filed
I have completed filing the Kerchner Reply Brief and Request for Oral Argument. These documents may be accessed at the indicated links. All parties have completed filing all briefs and now we just need a decision from the Court. We will now wait and see if the Third Circuit Court of Appeals grants my request for oral argument and if so when the oral argument will be. If oral argument is granted, it will take place at the United States Court of Appeals Third Circuit, U.S. Courthouse, 601 Market Street, Philadelphia, Pennsylvania. The courthouse is located right across the street from Independence Hall and the Liberty Bell.
I want to thank all of my supporters on this blog and all those who visit here to find out what is going on with the Obama eligibility issue.
I will be posting more essays on natural law, the law of nations, Emer de Vattel, the Founders and Framers, the Courts, and the meaning of the “natural born Citizen” clause.
Kerchner v Obama Appeal Reply Brief: http://www.scribd.com/doc/28779811/Kerchner-v-Obama-Appeal-Appellant-s-Reply-Brief-22-Mar-2010
Request for Oral Argument: http://www.scribd.com/doc/28781505/Kerchner-v-Obama-Appeal-Request-for-Oral-Argument
Mario Apuzzo, Esq.
March 23, 2010
http://puzo1.blogspot.com

Florida Attorney General, Health care bill unconstitutional, State attorney generals, Lawsuits, State sovereignty, Congress no authority to mandate health insurance

 “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

The tax and control bill being forced down our throats is most certainly not health care reform and most assuredly unconstitutional. Here are some exerpts from a letter written by Florida Attorney General, Bill McCollum, on March 16, 2010.
“As you know, President Obama has announced that he will push forward with health care legislation that includes a living tax on Americans who choose not to purchase health care insurance. Congress may take actiopn as soon as this week to send a bill to the President. After a thorough analysis of the individual mandate to buy health care insurance, I reman convinced it would be unconstitutional if signed into law.”

http://myfloridalegal.com/webfiles.nsf/WF/MRAY-83LJ2W/$file/AGHealthCare.pdf

The Post & Email has an article on this from March 21, 2010.

“Florida Attorney General promises lawsuit against unconstitutional health care bill”
“Florida Attorney General Bill McCollum has written a letter to Jon Bruning, President of the National Association of Attorneys General, inviting him to “join me in preparing a legal challenge to the constitutionality of whatever individual mandate provision emerges, immediately upon the legislation becoming law.”  The letter was sent March 16, 2010 and includes an analysis of what McCollum perceives as unconstitutional provisions of the bill being contemplated by Congress.
Among his many objections to the bill, McCollum cites:  “…the individual mandate, whether levied as a tax or as a tax penalty, is a capitation or direct tax that is not apportioned evenly among the states as is constitutionally required.”  The closing paragraph of the six-page document states, “While affected citizens of every state may pursue judicial relief from the individual mandate provisions, states have standing to sue the federal government to protect their sovereign and quasi-sovereign interests.”
According to his website, McCollum has also called for a group of state agencies to analyze the financial impact of any federal health care legislation on his state.  Participating would be the Office of Insurance Regulation, the Department of Children and Families, and the Department of Health, among others.
McCollum is a candidate for governor of Florida.  He has stated that the Florida Constitution has a provision which guarantees “the right to be let alone and free from governmental intrusion into [their] private life.”
On Thursday, March 18, South Carolina Attorney General Henry McMaster announced that he would join McCollum in legal action if federal health care legislation is passed.  McMaster reportedly said, “”It is my belief and that of other attorneys general that this is clearly unconstitutional. That’s why we’re moving forward. We need to protect the sovereignty of our states and the liberty of our people.””

 Read more:

http://www.thepostemail.com/2010/03/21/florida-attorney-general-promises-lawsuit-against-unconstitutional-health-care-bill/

Obama Pelosi Reid removal from office, Phase 4, Let the lawsuits begin, Let the state challenges begin, Remove the asses in November 2010, Let not your heart be troubled

Obama Pelosi Reid removal from office, Phase 4, Let the lawsuits begin

“Let not your heart be troubled”…John 14:1

Obama, Nancy Pelosi and Harry Reid have referred to this tax and control bill as historic. Indeed it is. It marks the most corrupt congress and white house administration in US history. It also will define the Obama administration and this Democrat controlled congress.
In phase 1, informed Americans tried to prevent an illegal takeover of the US government by the Obama camp.
In phase 2, more and more Americans learned the truth about Obama. This includes Democrats, Independents and even a few in the MSM, perhaps now even including Jack Cafferty.
We are in the midst of phase 3, the corrupt attempts to pass this tax and control Health Care Bill against the will of the governed. At best, this will allegedly begin covering some Americans in approx. 4 years after taxing us to death and ruining the economy even more.
Phase 4 begins tomorrow after the probable chicanery passes tonight. Do not worry. This will become a rallying cry. Like the shot heard round the world in the American Revolution. This will consist of numerous court and state challenges as well as futher preparation to vote the asses out in November. Remember, these fools have helped us in a way. They have placed a large red target on their backs.
Phase 5 will of course be the removal of these arrogant, corrupt politicians. That will include the removal of Harry Reid, Nancy Pelosi being removed as Speaker of the House and either impeachment proceedings against Obama or minimally his political demise by 2012.

Freedom of Choice in Health Care Act

 

Source: American Legislative Exchange Council

Michele Bachmann on Health Care Bill, March 20, 2010, Tea Party Rally, Washington, DC, Fox News, Sean Hannity interview, Bachmann fights health care bill and explains truth, IRS big brother

Michele Bachmann on Health Care Bill, March 20, 2010, Tea Party Rally, Washington, DC

Congresswoman Michele Bachmann of MN was in Washington DC on Saturday, March 20, 2010 to speak out about the Health Care Bill and assure millions of Americans that if Obama and the Democrats pass this tax and control bill, she will fight to repeal it. She also assured Obama and the Democrats that they will lose control of Congress in November.

March 20, 2010, Tea party rally Washington DC, Tea party last stand

Michele Bachmann was interviewed by Sean Hannity on Fox several days ago. She has studied the bill and speaks about over 16,000 new employees being hired by the IRS to enforce provisions of the Health Care Bill. This is one of the clearest manifestations of Obama and his thugs ratcheting up the level of government control and becoming the big brother of “1984.”