Health Care ID
by Michael Connelly
Issue 139 - September 16, 2009

How many times have we watched a movie about World War II and looked at the scene where a menacing Nazi soldier has stopped a citizen of an occupied country or even a German citizen and demanded to see the person’s “identity papers.” Failure to produce such papers would cause the person to be immediately arrested. I always felt good when I watched this because I knew that in my free country that couldn’t happen.

Yes, we have our driver’s license that you have to produce if you are stopped for a driving infraction and you may have to produce to write a check. However, if you choose not to drive you are not required to have one and you can get another form of identification to do something like cash a check. Yet, the fact is that you are not legally required to have either of these documents and if you do have them they can only contain a limited amount of information.

When I was practicing law I dealt with a situation where in the State of Louisiana you were required to provide your Social Security number to get a Driver’s License and it was also put on the license for everyone to see. I represented a client who had both privacy objections to this and religious objections. We won the case on the grounds that this requirement violated his constitutional rights. What made this particularly interesting was the fact that in support of our position I cited an opinion by a Court of Appeal Justice named Ruth Bader Ginsburg who is now one of the more liberal members of the Supreme Court.

Now the House version of Obama health care, HB 3200, will mandate that everyone in the United States have a National Healthcare card that they will be required to produce to get medical treatment. This will be required whether they have private health insurance or are involved in the so-called public option. There are no real options, you must have this card and it can contain any information that the Obama administration requires. It will be the “identity papers” that so many totalitarian regimes are infamous for.

Of course, you may be thinking that this will no longer be a problem if the “public option” is removed from the bill. This has been a trial balloon floated by the Obama administration yet it really means nothing if the rest of the bill is adopted. The Congress will still be transferring unlimited power to the Executive Branch of Government and the Commissioner appointed by President Obama can still require a National Health Care identification card, still have access to your financial and medical records, and still fine you for having a plan unacceptable to the government. This will result in the ultimate destruction of private health insurance and the adoption of a public system of rationed health care totally controlled by the government.

I found it interesting that a week after I wrote my first blog questioning the constitutionality of House Bill 3200 Judge Andrew Napolitano on Fox News interviewed two Constitutional experts who also saw this as an unconstitutional action by the Congress. They pointed out that normally when this type of legislation is introduced in Congress the members of the House of Representatives or the Senate cite the provisions of the U.S. Constitution that authorize such legislation.

 This has not been the case in any of the Health Care Bills proposed. This is not a simple oversight on the part of the Congress. They know they don’t have Constitutional authority to do this, but they simply don’t care. They intend to do it anyway. I find this to be both supremely arrogant, and absolutely terrifying. If they succeed in this, then no provisions of the Constitution are safe from attack.

This is not about health care. It is about our fundamental rights as free citizens of the United States.

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