Congress, Obama Violate "Constitutional Law 101"

Within the over 800 pages of legalese and the pork bill legislation in the interest of "saving" the U.S. economy by spending over 1 trillion dollars with interest (that's a million millions) in order to redistribute the wealth in this country to the federal government's sovereign subjects and itself (since a great deal of the included monies were for redecorating the National Mall after the inaugural coronation, and also for federal government technology upgrades) was a provisions that should outrage each and every American in this country in it's broad stroke provisions and basic civil rights violation far worse than even President' Bush's "Patriot Act."

And that is the establishment of a National Heathcare Database of the medical records for each and every American in this country, to be facilitated by Bill Gate's Microsoft, and most of the major U.S. universities which will be receiving grant monies and fellowships in order to assist with this monumental project and Bill of Rights violation. This provision is being sold as "creating more jobs" and also in order to facilitate the sharing of medical records between medical providers in order that mistakes may be eliminated and thus save people's lives. I, of course, would argue that such a provision has much more negative consequences than positive, and that while it will afford Bill Gates and Microsoft huge profits, and create jobs in the short term, in the long term it will actually result in the loss of jobs in small businesses and companies which already have been marketing and providing medical professionals with software programs in order to computerize records for sharing amongst the medical community as not "public" but "private" records. It appears more an attempt for Microsoft to corner the market now on health record software in addition to their massive profits on their Windows technology itself.

This is nothing more than a "back door" method of violating American's privacy rights, as guaranteed in Amendment IV the Bill of Rights:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

In case after case, the courts have held that a citizen's personal medical records belong to the patient primarily and his treating physician. For the government to interject itself in "ownership' of those records is a fundamental breach of the right to privacy addressed in Constitution 101 classes throughout most law schools in this nation (apparently, though, not Harvard or maybe Mr. Obama or the Congressional legal staff that are also paid to "advise" Congressional members with respect to Constitutional issues were not present for this particular class for some reason). In any event, the average citizen, not to mention each and every Congressional member, should be able to decipher and understand that provision and just why it was provided with a knowledge of basic American history. It is written in clear, simple language - since the founder's legalese was written in order that the people for whom the Constitution was written could understand it, unlike 800 page stimulus package legislation, or that other Constitutional abridgment - 1,000 page Patriot Acts.

At this time, the ACLU and many in the medical community are simply taking umbrage that enough "protective" legislation was not included in order to protect the dispersion of these records, which potentially initially could be shared with other 600,000 medical providers, and any public employee of the Department of Health and Human Services at the touch of a button. Not to mention that the wording is so loosey goosey in order that potentially these records could also be released to insurers, employers, even lawyers in medical malpractice suits on unrelated medical claims, or a host of others on a "need to know" basis. These organizations have not taken strong stands in any manner whatsoever on the actual civil rights violation which it is and was at it's inclusion - and since it was included with what is no more than an actual appropriations bill and not a separate bill in and of itself, was clearly intended to be minimized and kept from general public knowledge until after the fact. Where was the ACLU, that bastion of the protection of American (and foreigners too) civil rights during the bill process? Most likely licking their lips over their future profits on such egregious legislation.

And the most diabolical inclusion in there is also the provision for the colleges and universities to receive grant monies in order to assist in this civil rights violation. In other words, while you are paying that $10,000 or more per year tuition, your child will be working for the government for free in order to violate your civil rights.

Even Orwell didn't imagine such a scenario in his nightmare, "1984."

Source: Cornell University College of Law, Constitution
http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentiv