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WILL YOU LET THE FEDERAL GOVN'T. TAKE POSSESSION OF YOUR MEDICAL RECORDS?

 

 

By: Devvy
March 9, 2009

2008 - NewsWithViews.com

The "great" crash of 1929. The "great" depression. Strange choice of words for such events. So much misery and suffering for all but the elite.

But, did it come about the way Americans have been led to believe?

The remedies and policies put into place by FDR only exacerbated the problem, but every move was carefully calculated by the shadow government. As Lawrence W. Reed, says in his essay, The Great Myths of the Great Depression, FDR's "tinkering" prolonged the depression. The banking cartels ran our lives then and nothing will change until as Andy Jackson said, "The Bank is trying to kill me, but I will kill it." It is our monetary and banking policy failures draining the life blood from this republic and until the central bank is killed, we will continue towards complete financial armageddon.

Please do take a few minutes to read these pages from Reed's outstanding essay. This is critically important information to understand because tragically, America is about to walk down the same path again, courtesy of ignorant and corrupt members of Congress led by their cool party animal in the White House. By the way, have you noticed that not only does the Messiah never travel without his teleprompter, Obama aka Soetoro aka and so forth, seems to avoid the White House? Look at how many flights he has already taken on Air Force One for appearances! Insiders say his "conferences" are little more than form over substance and accomplish nothing. It sure gives the impression of the 'Great One' looking busy. Perhaps all his travel is so he won't have to pretend he knows what he's doing while in the Oval Office.

Does the New Deal's "National Industrial Recovery Act" which created a massive new bureaucracy called the National Recovery Administration have a familiar ring? It should. The impostor president, Barack Hussein Obama aka Barry Soetoro aka and so forth, has launched a newer version of that failed product. This one I call the gang rape bill is officially titled, The American Recovery and Reinvestment Tax Act of 2009. Of course, it is no such animal. But, like Roosevelt's NIRA, Obamaination's ARRTA will give birth to even more useless and costly government agencies.

Sec. 3001. Office of the National Coordinator for Health Information Technology sets up another useless bureaucracy. See here. The goal is to have everyone's medical records entered into a massive, electronic government data base. Now, I don't know about you, but I have a real problem with this because I know the real goal is to track medical care and treatment under a totalitarian government. This would mean an already incompetent government is allegedly going to manage some 300 MILLION medical records using technology that CAN be hacked, never mind some nosey busy body snooping into your medical records or "sharing" with some agency or foreign government down the road under world government.

On March 6, 2009, I sent a certified letter to my primary care physician (which I'm required to have under our broken medical system that Congress destroyed), various specialists (neurosurgeons) and TriCare, our insurance company. I simply told all of them very politely about this new "law" signed by Obama and that the purpose of my correspondence is to notify each of them I do not, under any circumstances, give my permission or consent to have my medical records submitted to the federal government under any agency to put be put into their electronic data base. If it is declared mandatory that physicians and insurance companies hand over my medical records to some government agency, I will sue the federal government to stop such an action.

I am dead serious about this issue as I am about the National ID. Either we stand up and fight these draconian "laws" that violate our rights or get down on our knees and wear our chains of bondage in shame.

Is there grounds for a lawsuit? I'm not a lawyer, but the first consideration is who signed the legislation into law? An usurper president. Of this fact, there is no doubt in my mind whatsoever that Barack Hussein Obama aka Barry Soetoro aka and so forth, is hiding his birth certificate and college records because it will expose him to fraud. Even if he was born in Hawaii, it still can never make him constitutionally eligible because of his father's citizenship. Period.

Second: Does Congress have the authority to legislate this kind of medical practice? Is the gathering of medical records for patients throughout the country constitute "practice"? Read Sec. 3001 in full. Remember Marxist Hillary Clinton's attempt to socialize medicine in this country? Remember this memo - something as a lawyer Comrade Clinton would know:

Memorandum for Walter Zellman from Sallyanne Payton, clearly marked: Preliminary Draft for Official Use Only. Do Not Quote or Release For Any Purpose, page 4, Health Care Task Reform under Hillary Clinton:. Please note these sections:

"(b) may the federal government use other actors in the governmental system and the private sector as its agents and give them orders as though they were parts of a prefectorial system? The short answer is "no." State governments are independent, although subordinated, sovereignties, not subdivisions of the federal government.

"Although the federal government may regulate many of their functions directly [as well, for example, it subjects state water districts to the Clean Water Act], it may not require them to exercise their own governmental powers in a manner dictated by federal law. The states may be encouraged, bribed or threatened into entering into joint federal state programs of various sorts, from unemployment insurance to Medicaid; but they may not be commanded directly to use their own governmental apparatus in the service of federal policy. There is a modest jurisprudence of the Tenth Amendment that seems to have settled on this proposition. See the DOJ [Dept. of Justice] memorandum for a fuller elaboration."

What does this mean from a constitutional position? It means that the government can bribe the states, they can threaten them, but in fact, the states cannot be forced to get down on their knees to the federal machine. I believe 34 states have now introduced Tenth Amendment resolutions. Montana's died in committee 9-9. New Hampshire's was voted down, March 4, 2009, 216-150. Of the 150 nay votes, as far as I can see, two were Democrats. 148 Republicans voted against the U.S. Constitution. Click here; hit 2009. When the next page comes up, hit HCR6; a drag, but the final page doesn't 'refresh.' How many of these 'sovereign states' will take one penny from the so called stimulus bill or turn over your medical records under this new "law"?


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Last week on my radio show, my guest was former Arizona Sheriff Richard Mack. Richard was a plaintiff in a successful lawsuit against the feds over the 'Brady Law.' In that decision, the U.S. Supreme Court ruled that Congress had overstepped their legislative bounds and authority. In U.S. v Lopez, another gun case, Lopez prevailed and I encourage you to read the decision here. I also strongly recommend you get Richard's latest book, County Sheriff - America's Last Hope. Get it to your county sheriff after you read it. Don't put it off. Time is of the essence as conditions deteriorate.

The common thread in those cases is the Tenth Amendment. Remember what Joseph Story, Associate Justice, U.S. Supreme Court, said in the 'Commentaries on the Constitution' (1833):

"Another not unimportant consideration is that the powers of the general government will be, and indeed must be, principally employed upon external objects, such as war, peace, negotiations with foreign powers and foreign commerce. In its internal operations it can touch but few objects, except to introduce regulations beneficial to the commerce, intercourse and other relations, between the states, and to lay taxes for the common good. The powers of the states, on the other hand, extend to all objects, which, in the ordinary course of affairs, concern the lives, and liberties, and property of the people, and the internal order, improvement and prosperity of the state."

This is why in my humble opinion, all these federal so-called 'hate crimes' are unconstitutional. (Not to mention the First Amendment.) Congress simply has no jurisdiction. Under this new "law" the federal government seeks to force the production of medical records from private physicians as well as health care providers like HMOs and maintain them. They're also going to attempt to bribe the states, individual practitioners and HMOs because all of this nonsense is going to cost big bucks:

(E) RESOURCE REQUIREMENTS- The National Coordinator shall estimate and publish resources required annually to reach the goal of utilization of an electronic health record for each person in the United States by 2014, including--

(i) the required level of Federal funding;

Does the activity of acquiring and maintaining medical records for patients constitute "medical practice"? I believe so and the reason I bring this up is the constitutional question. Besides the privacy issue and the Tenth Amendment, what has the U.S. Supreme Court said on this issue?

Linder v United States, 268 U.S. 5, 18, 45 S. Ct. 446 (1925): "Obviously, direct control of medical practice in the states is beyond the power of the federal government."

U.S. v Anthony, 15 F Supp. 553, 555 (S.D. Ca., 1936) and U.S. v. Evers, 453 F. Supp. 1141, 1150 (M.D. Ala., 1978): "...the direct control of medical practice has been left to the states."

No doubt my doctors and the Deputy Director of Management for TriCare, Rear Adm. Christine S. Hunter, will all be consulting their legal advisers about my letter. It is regrettable that any of us has to spend our time and energy on this, but to sit back and do nothing is to allow the furtherance of not only the erosion of our rights, but by not challenging, we encourage bigger government and send an endorsement of such programs. For me, surrender is not an option.

Thursday, March 12, 2009, April Gallop will be my guest on my radio program. Ms. Gallop was only 40' from the point of impact inside the Pentagon on September 11, 2001. That day was her first day back to work from maternity leave. She was holding her two month old son when her life as she knew it, changed forever. April has a lawsuit against the government and will be my guest to discuss that morning and her lawsuit.

On live radio: Solutions Not Politics
Monday-Friday
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Listen live by clicking here.

Links

1 - Obama: In the Shadow Of Nemisis
2 - One source I found for: The Greatest Story Never Told
3 - Reed's full essay here
4 - Brief on Federal Jurisdiction
5 - Superb: Executive Orders

Tent cities grow

1 - Ontario, California
2 - Sacramento, California
3 - Reno, Nevada
4 - Florida
5 - Seattle to Georgia
6 - America losing 23,000 jobs everyday

Get involved.
Freedom is not a spectator sport

1 - Committees of Safety
2 - Truth Attack (IRS)
3 - Agenda 21
4 - Paragon Foundation

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Devvy Kidd authored the booklets, Why A Bankrupt America and Blind Loyalty; 2 million copies sold. Devvy appears on radio shows all over the country, ran for Congress and is a highly sought after public speaker. Devvy belongs to no organization.

She left the Republican Party in 1996 and has been an independent voter ever since. Devvy isn't left, right or in the middle; she is a constitutionalist who believes in the supreme law of the land, not some political party. Her web site (www.devvy.com) contains a tremendous amount of information, solutions and a vast Reading Room.

Devvy's website: www.devvy.com

Before you send Devvy e-mail, please take the time to check the FAQ section on her web site. It is filled with answers to frequently asked questions and links to reliable research sources.

E-mail is: devvyk@earthlink.net


 

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Does the New Deal's "National Industrial Recovery Act" which created a massive new bureaucracy called the National Recovery Administration have a familiar ring? It should.