Bill of Rights vs Healthcare. How can healthcare be considered a right?
http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law
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.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html
11-27 are at the last link.
OralBobs. Good Point. General Welfare is for the majority. This healthcare bill is not for the MAJORITY but the few. If this administration would do something about JOBS and help employers then there would be more benefits for workers and more people would have healthcare. Spending 2 trillion to duplicate services to cover 122 to 30 million (some if not most illegals) is insane..
Some answers quote other laws. Just because some Liberal Judge legislated from the Bench instead of going thru Congress the Constitutional way of making law, does not convince me that it is legal or rightl.
March 8th, 2010 at 7:10 pm
Actually it’s the OPPOSITE of a Right!
There is absolutely no way under our constitution to justify forcing someone to be a federally mandated consumer of a privately produced product simply for being born in the United States and drawing breath!
This is Insanity!
March 8th, 2010 at 7:10 pm
By those of us who can read and understand what we are reading…..it cannot.
March 8th, 2010 at 7:10 pm
Oh come on, nobody ever reads the constitution anyways.
March 8th, 2010 at 7:10 pm
Why don’t you just come clean – Be honest and say you care more about money then you do about the Men Woman and Children who die for lack of medical care ?
March 8th, 2010 at 7:10 pm
Nothing in there about marriage either.
March 8th, 2010 at 7:10 pm
It is not a right. But the liberals will make it a right if this monstrosity passes. That’s what they always wanted.
What’s next – the right to a college education? Or the right to a house and car?
It could happen.
March 8th, 2010 at 7:10 pm
You need to read more than the first 10 admandments. Try reading the entire Constitution. Then read The Federalist Papers. Then read the Supreme Court case decisions. Then read the federal court case decisions. All of them together make for federal law.
March 8th, 2010 at 7:10 pm
Some people will claim it’s under number 9. Of course, they ignore the fact that the Bill of Rights was meant to PROTECT the people from the government, not give it an excuse to grab power.
March 8th, 2010 at 7:10 pm
Working people got the shaft the layabouts the gravy.
March 8th, 2010 at 7:10 pm
well considering i believe its a right to stay alive. it should probably be considered a basic right. then again, not having it might clean the gene pool of people like yourself.
March 8th, 2010 at 7:10 pm
The right to LIFE, Liberty and the Pursuit of happiness
March 8th, 2010 at 7:10 pm
It can’t.
March 8th, 2010 at 7:10 pm
It’s simply NOT a right.
But of course, liberals and socialists think everyone has a right to everything.
"Everyone wants to live at the expense of the State. They forget that the State lives at the expense of everyone" – Frédéric Bastiat
@Kiss Me: "LIFE" and basic health care are not one of the same. This just goes to show how you don’t understand even the basic concepts of the issue at hand.
@OralBobs: "We the People of the United States, in Order to … …. PROMOTE THE GENERAL WELFARE"
Why then, don’t we just funnel 100% of our income to the government and allow them to decide what’s best for the citizens? You know….who the hell needs freedom and liberty anyway?
March 8th, 2010 at 7:10 pm
It can’t be and it isn’t. Our rights do not include any goods or services. This is just a way to transfer more power from the people to the government..
March 8th, 2010 at 7:10 pm
Do you think States should force Americans to have auto insurance?
March 8th, 2010 at 7:10 pm
Article I – The Necessary and Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause[1]) is the provision in Article One of the United States Constitution, section 8, clause 18:
“ The Congress shall have Power – To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Follow that up with – THE COMMERCE CLAUSE – which 99% of legislation is passed under:
The Commerce Clause is an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".
March 8th, 2010 at 7:10 pm
At most, a person could have a right to not be denied health care. But since it is a service provided by working professionals, they can’t have a right to be entitled to it and immune from the costs of it.
March 8th, 2010 at 7:10 pm
You are having another personal choice taken from you compliments of Obama and the Left.
March 8th, 2010 at 7:10 pm
You needn’t resort to parsing The Constitution.
"Healthcare" is provided by humans, both in the sense that the products are made by humans and services performed by humans or by machines that were likewise made by humans and also in the sense that humans must pay for this.
It positively cannot be argued that you have a RIGHT to the output of all those people unless you claim those people are your PROPERTY.
If you advocate for "health care as a right" you are objectively demanding slavery. There is no way around that fact.
March 8th, 2010 at 7:10 pm
You listed the AMENDMENTS, but you forgot what it actually says in the BODY of the US Constiutution; The Preamble says; "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, PROMOTE THE GENERAL WELFARE, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
If providing support to an American with a communicable disease but who cannot afford the treatments is not "promoting the general welfare" then I am not sure what is!
March 8th, 2010 at 7:10 pm
It’s in FDR’s second bill of rights. Also in the constitution of the USSR.
Both failed miserably.
March 8th, 2010 at 7:10 pm
It is also the job of the government to protect its citizens against all threats, both foreign and domestic.
Isn’t disease a threat??
Here is the truth you cannot see. Health care is in the same category as education, the benefits of it far outweigh the costs. National health care provides many positive externalities to society. (look up what that means so you can follow me)
Example: In education, if we increase funding and provide national education, the whole society benefits. We get reduced crime which reduces prison costs, increased prosperity, and growth across all labor sectors which increases tax revenue, and in the long term we grow as a nation and reduce our tax burden, all because of national education.
In health care, if we create a universal single payer system, the whole society benefits. We get reduced bankruptcies, decreasing the tax burden on all Americans, we get increased small business prosperity, we get healthier workers and reduced lawsuits caused by injuries. We get reduced malpractice. We get reduced needless lawsuits for injuries that could have been prevented, and we get a healthier population for long term growth.
It is in the government’s best interests to protect its people, Universal health care is the best way to do that.
March 8th, 2010 at 7:10 pm
@bluechristy
Thank you. I was trying to come up with something similar but I was so flabbergasted by these people’s lack of compassion, that words failed me.
March 8th, 2010 at 7:10 pm
Health care is not a constitutional right. However, many liberals think health care, among many other things, like a house, job, etc. are rights.