Why You Don’t Have a Right to Healthcare

 

 

 

I.  What is a Right?

Healthcare in America is not a right and cannot be a right so long as we live in a country that still recognizes the United States Constitution as the law of the land.  Our rights are embedded in Natural Law.  They do not come from a king, they do not come from the President or any other politician, they do not come from Congress, nor do they come from the government as a whole or from some special group of policy makers within the government.  They do not even come from the Constitution itself.  Our rights emanate from the fundamental nature of our humanity or, if you will, from God.  As individuals, we are born with them.  The Constitution is the document under which our rights are protected.  Protected from what or whom? Why, from the government of course.  Or more to the point, the government’s inherent desire for ever more encroaching power and control over our lives.

Because our rights derive from our own individual humanity, healthcare, whether provided by the government or somebody else, cannot, by definition, be a human right.  And why is this?  Because if it were a right, we would be able to require of another person that he or she provide it to us, which would then infringe on that person’s rights.  In other words, if a so-called right requires someone else to do something for you or give something to you (i.e., guaranteed care whenever you are sick) then it is not a right.  So if healthcare is not a right, what is it?  It is a good.  A good is something we want or need, as opposed to something we naturally possess from birth.  So healthcare is no more a right than is food, clothing, housing, high-speed Internet access, or a double mocha latte from Starbucks. 

What are some examples of rights?  We have a right to life, to speech, to worship, to travel, to due process (or fairness); we also have the right to be left alone.  These basic rights and others are to be found among the first ten amendments to the Constitution, otherwise known as the Bill of Rights.  But when you think about it, they are not really rights at all. There is nothing there that is being given to Americans that they do not already naturally possess.  They are more like prohibitions – prohibitions placed upon the government; things that the government shall not do to infringe upon the rights of the individual.  “Congress shall make no law…” this right “shall not be infringed…” this other right “shall not be violated,” the Bill of Rights is replete with such language.  So if we already possess these rights, why were they even added to the Constitution?  Because the people were, understandably, suspicious of government and in fact feared a government that would not only fail to secure their rights but actually, in the words of the Declaration of Independence, become “destructive of these ends.” 

 

 

II. The Progressive View 

Of course none of this squares at all with what Progressive politicians are saying.  Those great liberal luminaries, Dennis Kucinich, Tom Harkin, Nancy Pelosi and even Barrack Obama, have all argued that healthcare either is or should be a right in this country.  If they think it is already a right, then they either are unable or unwilling to comprehend the above analysis.  On the other hand, believing it should be a right is even more troubling because that implies that they —the officials of the government — actually think they have the power to grant it as a right.  Well, they who have the power to give, also have the power to take away.

But all this begs the question, why are these deep-thinking Progressives so hot to make only healthcare a right?  What about food? What good is it being healthy if you don’t have anything to eat?  What about housing? You need a place to sleep don’t you? What about a job?  How about a car to get to the job?  How about a place to rest when you go on vacation from your job?  Sound good?

Well, believe it or not, these things can all be yours.  Just one little catch: you have to leave the country.  Yes, the governments of other fine nations, both existing and defunct, have provided in their constitutions for all of the above, including healthcare.  Regarding the healthcare “right,” here is just a brief sampling: 

Article 42.  Citizens … have the right to health protection.This right is ensured by free, qualified medical care provided by state health institutions; by extension of the network of therapeutic and health-building institutions; by the development and improvement of safety and hygiene in industry; by carrying out broad prophylactic measures; by measures to improve the environment; by special care for the health of the rising generation, including prohibition of child labor, excluding the work done by children as part of the school curriculum; and by developing research to prevent and reduce the incidence of disease and ensure citizens a long and active life.

This comes from the U.S.S.R.’s Constitution of Fundamental Rights, as amended in 1977.

Here is the right to healthcare from the Constitution of the People’s Republic of China (as adopted in 1982): 

Article 45. Citizens of the People’s Republic of China have the right to material assistance from the state and society when they are old, ill or disabled. The state develops the social insurance, social relief and medical and health services that are required to enable citizens to enjoy this right. The state and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel. The state and society help make arrangements for the work, livelihood and education of the blind, deaf-mute and other handicapped citizens

And to satisfy the Michael Moore crowd, the Cuban Constitution (as amended in 2002) also gives everyone the right to healthcare:

Article 50: Everyone has the right to health protection and care. The state guarantees this right; by providing free medical and hospital care by means of the installations of the rural medical service network, polyclinics, hospitals, preventative and specialized treatment centers; by providing free dental care; by promoting the health publicity campaigns, health education, regular medical examinations, general vaccinations and other measures to prevent the outbreak of disease. All the population cooperates in these activities and plans through the social and mass organizations.

Finally, there’s this one:

… Healthcare is a basic right … to be provided through a not-for-profit plan.  We … include coverage for those excluded… We … free the states. We … have control over private insurance companies and the cost their very existence imposes on [our] families.  We … provide a significant place for alternative and complementary medicine, religious health science practice, and the personal responsibility aspects of health care which include diet, nutrition, and exercise.

Actually, those are the words of Congressman Dennis Kucinich in a speech he gave just last Wednesday regarding his plans to vote on the upcoming bill for government managed healthcare in this country.  Sound familiar?

 

 

 

III. America the Exceptional

I often get this from liberals: “Most of the industrialized world thinks that healthcare is a human right, why not the United States?” Well most of the world, industrialized or not, thinks a lot of things that are decidedly un-American, including the government’s power to bestow healthcare (and other things) as a right.  One has to ask, how did America get to be America?  By becoming like the rest of the world?  By giving things away for free? Heck no!  What makes us still today the shining beacon to the rest of the world is that we are different from the rest of the world.  We are exceptional.  And what allows us to be exceptional is the recognition that our rights and liberties are intrinsic to the individual and not derived from government.  Where over the course of human history through to this day, governments of other nations have handed down rights to the peoples they’ve governed and have, in the name of those very rights, meddled, restrained and enslaved, in America the individual rights and liberties of our people have freed us to create, innovate, invest, build, grow and pursue success and happiness in every conceivable way, including giving it all away if that is an individual’s choice.

So really the question is not so much whether healthcare is or is not a right, because in America it is not.  Rather the question is what kind of country we want to be. 

For more on the healthcare debate, link to:

https://culturecrusader.wordpress.com/2010/03/18/fortune-favors-the-brave/

https://culturecrusader.wordpress.com/2010/03/04/the-arrogance-of-hope-change-%e2%80%a6-or-else/

Fortune Favors the Brave

There is a phrase in Latin that the ancient Romans were fond of saying: Aduentes Fortuna Juvat.  Roughly translated, it means “fortune favors the brave.” 

Earlier this week, as a part of his final push for universal healthcare and the fundamental transformation of American culture and society, President Barrack Obama staged a rally in Ohio attended by scores of his hardcore supporters and, notably, Congressman Dennis Kucinich.  Obama concluded his speech by saying, “We need courage, that’s what we need…  I want some courage!”  He then jetted back to Washington, D.C.  The next day, Congressman Kucinich, who had been treated by the President to a ride on Air Force One, announced he was changing his “No” vote on healthcare to “Yes.”  In a speech Kucinich declared, among other things, that healthcare is a “basic right.”  Time will tell whether or not fortune smiles upon Mr. Kucinich.

Well, with all this talk by politicians about being courageous, I thought it would be appropriate to take a moment to look at an American leader with real courage: George Washington.  Now, I am quite sure most of us all know at least a few generalities about the following story from our high school history.  Unless of course you are a student in high school today, in which case you are busy learning about much more important things like: The Influence of Hip-Hop on American Culture; The Proper Way to Use a Condom; and Why You Don’t Need a Daddy to Have a Family.  But be that as it may, here goes…

It was winter of the year 1776.  The new American nation had declared its independence from Great Britain the previous July and all-out war with the British was underway.  The American Continental Army, led by General George Washington, had been beaten and chased out of New York by the British forces and was in a desperate retreat.  British General Lord Cornwallis had pursued Washington’s diminishing army through New Jersey, until the Americans withdrew across the Delaware River and took refuge in Pennsylvania in early December.  Although General Washington’s skillful retreat had prevented the British from completely crushing the dwindling American force, the outlook for the Continental Army, and American prospects for winning the war, was very bleak indeed. 

George Washington had fewer than 5,000 men in his army, whose morale was now at its lowest.  The Congress, ever pessimistic, had turned tail from Philadelphia and fled to Baltimore.  There was no money left to finance the army.  Provisions were scarce and Washington’s men were starving and cold.  “These are the times that try men’s souls,” wrote Thomas Paine, who was actually with the army at the time.  Virtually everyone considered the American cause lost.  That is, everyone except George Washington.  At this dire hour, faced with these demoralizing circumstances, George Washington, a man of deep faith and courage, decided to go on the offensive.  He knew that, despite the forces arrayed against him, he had two things in his favor. First, the popular mood among the people against the British remained strong, and, second, he had the element of surprise on his side.  So rallying his men before dawn on December 26^th, he secretly led them back across the Delaware River, over land to Trenton, New Jersey where a force of some one thousand Hessian troops (German mercenaries engaged by the British) were quartered. Washington and his men took the Hessians by complete surprise and, after a brief engagement, defeated the entire force with negligible losses to their own side.  So overconfident were the Hessians that they were caught sleeping off the effects of their Christmas revelry from the night before.  As the story goes, after the battle the Hessian Colonel was found dead with a dispatch letter in his coat pocket warning him of the American sneak attack.  The letter was unopened.

Aduentes Fortuna Juvat!

After this victory, the American war effort was galvanized, the Congress found renewed confidence in General Washington, and enlistments in the Continental Army increased dramatically.  Eventually, the British were forced to retreat to their base in New York City.  Many consider this battle to be the turning point in the American Revolutionary War.  In later years, George Washington himself became convinced that America was guided by Divine Providence.  Fortune favors the brave.

In this the current battle over universal healthcare, we all of us are called once more unto the breach to defend what George Washington and his brave men risked so much to obtain.  On one side are the Republicans in Congress, some Democrats, and the vast majority of the American people whose mood against the proposed legislation remains strong.  On the other side are Mr. Obama and most Congressional Democrats.  In this process, we have seen secret deals made and Senators bribed, all manner of legislative chicanery used, deception and outright lies told by politicians at the highest levels, and a President who on the one hand expresses his ambivalence as to how his legislation is passed into law — as long as it is passed into law — while on the other hand talks about courage.  Courage?  Just what sort of courage do you mean Mr. President?

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For more on the healthcare debate, link to:

https://culturecrusader.wordpress.com/2010/03/20/why-you-don%e2%80%99t-have-a-right-to-healthcare/

https://culturecrusader.wordpress.com/2010/03/04/the-arrogance-of-hope-change-%e2%80%a6-or-else/