Obama said directly in debate #2 that Health Care is a Right. His words were clear. He thinks Health Care is a Right, unambiguously. But let’s think about this. What could that mean? What does it mean, in America, to have a Right? For the answer, one must consult the controlling documents of American Rights: the Declaration of Independence and the U.S. Constitution.
Let’s take the latter first. Does anything like a “Health Care Right” appear anywhere in the Constitution? I would challange anyone to make a case that such a right appears anywhere. Not in the Preamble, not in the Articles, and not in any of the Amendments (which include the Bill of Rights). Unless Obama is prepared to advocate the amending of the Constitution, as it stands, there is no Right for Health Care anywhere in that document. Or, put another way, the U.S. Constitution does not support Obama’s statement.
Now, what about the Declaration of Independence? Well, there is no expressly stated Health Care Right in that document. But what the document does do is establish the basis for how we think about “Rights”. It happens in the 2nd paragraph:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, . . .
Translated: We Americans believe Rights come from God, and the role of government is to protect those Rights.
Let me put this another way: contrary to common perception, the government does not create new Rights. Instead, the government is to serve as protector, as steward, as guardian, as conservator, of Rights that only — only — come from God. Note, too, the language of the Bill of Rights: it is not, “Government establishes a Right of free expression,” but rather, “Government shall make no law abridging the freedom of speech”. The wording is crucial: it is written in the negative, rather than the positive. That means government does not establish the Right, but instead establishes precedence for not removing the Right. The difference between the two is subtle, but profound.
That, my friends, is the deal if you are an American. The only Rights we have come from God, and the purpose of government is to protect those Rights. Absent some popular revolt that determines that the Declaration of Independence is not a controlling document for the operations of the United States, that will continue to be the deal if you are an American, forever.
Thus we conclude: the Declaration of Independence does not support Obama’s statement.
What then is this statement, if it is unsupported by the controlling documents of this country? It is not a statement of Truth (for if it were, the documents would support it).
The only other option is that it is a statement of Opinion. Further, an incorrect Opinion, based upon the reasoning above.
Now, tell me, if something was indeed a Right, would it of Truth or Opinion? I mean, if we are to regard Rights in America as something sacred, deserving of protection by the government, would it not be something more than Opinion? Look at the other things we regard as Rights: free speech, practice of religion. Are these supported by mere Opinions? Hardly.
And, now think of this: are we to suppose the Health Care is a God-given Right? That, somehow in the annals of human history, we have missed the truth that God intends people to have Health Care, like they have the Right of Free Speech?
Um, I don’t know you about, but that strikes me as bizarre. For if God intended Health Care as a Right, the human body would not be the imperfect machine that it is. Just think of the strange logic here: God, the necessary being at the root of all life, creates humans as beings prone to sickness, maladies, and in all cases, our fate is death, yet at the same time, Health Care is a God-given Right? How would that make any sense, at all?
So, not supported by the Constitution; not supported by the Declaration; not God-given. How again, Mr. Obama, is Health Care a Right?
Me have strange feeling that Obama just made it up to get the votes of people who don’t understand American principles and dig idiot compassion as a quasi-religion. But then again, me crazy.
Update: McCain’s answer in debate #2 was that Health Care is, not a Right, but a Responsibility. I agree, for reasons I’ll go into in a future post.
Update 2: Here’s Stefan Beck making many of the same arguments I make above against Obama, and in fewer words. Key moment:
Here, for reference, is The New Dictionary of Cultural Literacy on the first ten amendments to the Constitution, in full: “Among other provisions, they protect the freedoms of speech, religion, assembly, and the press (see First Amendment); restrict governmental rights of search and seizure; and list several rights of persons accused of crimes (see Fifth Amendment).”
What the rights enshrined in these amendments have in common is that they pertain to things that cannot be taken away: speech, press, assembly, arms, protection from quartering of troops, protection from search and seizure, due process, fair trial, protection from cruel and unusual punishment, and states’ rights. Freedom of the press and the right to bear arms, for example, do not entitle you to free printing presses or guns.
Health care is provided by doctors. No one can be forced to practice medicine. No one, having learned to practice medicine, can be forced to treat you. ER physicians are required to treat all comers only in the sense that they can lose their jobs if they don’t. I’ve never heard it convincingly argued that one can have a “right” to a commodity produced by someone else. (Does one, by extension, have a standing “right” to treatments not yet developed?)