The Healthcare Act could be hazardous to your health

By Nicholas E. Purpura and Donald R. Laster, Jr

Many agree that healthcare reform is needed. However, the Healthcare Act signed into law has absolutely nothing to do with healthcare. Under the guise of “affordable healthcare,” the Democratic Party designed a plan that transferred massive power to the Executive Branch of government along with 1/6^th of the economy to federal control in violation of Article I, Section 7 of our Constitution.

In district courts throughout the United States, the Department of Justice is arguing that Congress has authority under the “commerce clause” to mandate the purchase of health insurance and the right to impose or fine those who refuse. They argue the fines and mandates are necessary for the “general welfare” and claim the authority exists under the “necessary and proper clause.” However, there is no provision in the Constitution that authorizes “specific welfare” by forcing one group of citizens to pay for another group. In 1936 the Supreme Court ruled against “specific welfare” legislation as being unconstitutional. Since healthcare legislation has passed, two federal courts have also ruled that this Act is unconstitutional.

In order to make this healthcare affordable, taxes and fines are imposed on individuals, corporations, and businesses who refuse to comply with the government’s mandate. Therefore, free citizens are basically relegated to “government servitude.” This clearly violates the 13th Amendment which states only prisoners can be subjected to servitude, forced work, or provide a service against their will.

After reading the entire Bill, we have discovered that this legislation effectively makes null and void Articles 1, 2, 3, 4, 5, and Amendments 1, 4, 5, 8, 9, 10, 13, 14, and 16, as well as rendering the Judicial Branch of government irrelevant by doing away with judicial review and the checks and balances built into our Constitution for protection against the other two branches of government. In so doing, it has changed our Constitutional Republic into a government ruled by the dictates of men.

As written, the 4^th Amendment once protected citizens against unreasonable searches and seizures and the right to privacy. Under this Act federal bureaucracies are given unfettered authority to obtain your personal medical records, as well as financial records without first obtaining a search warrant.

Prior to enactment of this Act, under the 5^th Amendment it was illegal to take ones property or fine them without a judicial hearing. Such confiscation would have constituted an illegal “taking” in violation of the “due process” clause. This Act allows the government to fine, jail, or confiscate your property without the benefit of a trial if you fail to comply with the mandate to purchase health insurance.

The violation regarding the 16^th Amendment can be explained as follows. If you already have private insurance that Big Brother deems unacceptable or refuse to obey the mandate one of the penalties, you will be subject to a fine (tax) based upon your “gross income.” This is over and above your normal income tax mandated by the 16th Amendment. Basically, Congress authorized the federal government to tax (calling it a fine) your gross income a second time on “phantom” income. Some would rightly argue that this is a violation of the 8^th Amendment that prohibits “excessive fines.” Not to mention a violation of Article 1, Section 9,

No bill of attainder or ex post facto law shall be passed.

Donald R. Laster Jr

Under the healthcare legislation those provisions were rendered null and void.

Continuing examination reveals that the Act also violates the 14^th Amendment that provides “equal protection and equal treatment.” For example, unions, various government employees, select corporations, business, and foundations have received waivers. Along with the violation of the 14^th Amendment, states such as New Jersey, Tennessee, Ohio, and Massachusetts also received special exemptions, which violate Article 1, Section 9 concerning “capitation taxes” by disproportionately discriminating between individuals and states.

The 1^st Amendment speaks against respecting one religion over another. But Muslims need not comply with the legislation. They’re exempt based on their claim that the Quran and Sharia law forbid the purchase of insurance. However, if a Muslim goes to the hospital, the law requires that he/she be treated—at the taxpayers’ expense. This also sets a dangerous precedent that allows Muslims to be excused from obeying constitutional laws in favor of Sharia law and Quran.¹

The 9^th and 10^th Amendments assure that our citizens and our states have rights that are not specifically enumerated in the Constitution. These sovereign rights are disregarded under Obama-care, since under this Act the federal government denies the states and their citizens their individual sovereignty.

In addition to all the constitutional violations, this Act inadvertently grants the government the authority to create a monopoly in violation of the Sherman Anti-trust Act, since it will eventually put all private insurance companies out of business and create a single payer system run by the government. It also renders the HIPPA legislation null and void.

Additionally, ObamaCare grants the President the authority to create a Civilian Military Corps, which violates appropriate restrictions set forth in Art. 1 Sec. 8. It also violates the “Posse Comitatus Act” by allowing the President to deploy his corps of troops in any state without first getting permission from the governor in which he declares a public crisis, and it allows the President to institute an involuntary draft, and/or conscript personnel from State National Guard Units into active service under his command by-passing Congress.

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The Act also grants special funding to minorities, a thing that violates Title VII of the “Civil Rights” legislation. So much for one America and race relations.

A matter of great concern is that government officials will dictate which doctor you can see, when you can see them, and what they can and cannot prescribe. That includes what medical devices will be approved, whether or not you will be allowed to be admitted into a hospital, and what your physician will be paid.

On the positive side (that is if you are here illegally), illegals get free healthcare, and we get 160 new bureaucracies at a cost of 2.5 trillion dollars, which will cause insurance premiums to skyrocket.

It may not be the change many had in mind when they voted for Mr. Obama, but it is in keeping with his campaign promise to spread the wealth.

In conclusion, it is hard to find anywhere in this Act where healthcare is improved or made affordable for anyone other than illegal aliens or Muslims. It does, however, further encumber an already heavily regulated system with more bureaucracy and less choice.

While there have been scores of legal challenges against Obama-care, not one listed the violations cited above. It took two pro se, tea party individuals to expose these violations.

For full details, see Purpura v. Sebelius, District Court, (DNJ) 3:10-CV-04814-GEB-DEA at Eagle on the Air.com.

¹Note: the relevant part of the Social Security Act exempts any religious sect or division that has somehow established itself prior to 31 December 1950. But if any modern pastor, rabbi, or other cleric determines that a new enlightenment, or even a proper reading of the fundamental documents of Christianity or Judaism, says that it is unlawful or unobservant to rely on an insurance policy that human beings underwrite, that cleric must consider himself “accursed,” or however a cleric might wish to say “out of luck.”