tobinov wrote:They are not new rights, but modern views of inalienable human rights - equal rights based on race, sexuality, gender are good examples that at the time of the framing of the constitution were unimaginable.
I don't disagree. However, typically when there are modern views on inalienable human rights, there is some addition to the US Constitution, whether through amendment (typical of the 19th and early 20th century) or through Supreme Court jurisprudence (typical of the later 20th century) or through legislative fiat (meaning, of course, that at least the representatives of the citizenry agree that such a right exists). So while I agree that equal rights based on race, sexualily and gender were not imaginable to the framers of the Constitution, these rights are either included in the Constitution by amendment or jurisprudence or are supported by a majority of the elected representatives of the United States. Health care for all citizens has not been included in the Constitution by amendment or jurisprudence and is not supported by the majority of the elected representatives of the United States. Therefore, I would not call it an inalienable right.
tobinov wrote:I make the same distinction as Thomas Paine or the framers themselves - there are inherent, inalienable human rights that no government can bestow or deny and there are the given rights - privileges that come the responsibilities inherent in citizenship/social contract.
Again, I agree that there are certain rights that come with the social contract between the citizens and their government. I also agree that these rights change. What I don't agree with is the characterization of health care (or health insurance) as being typical of these rights. Further, as I'll discuss further below, health care is not like any other human right. In order for the government to bestow health care on its citizens, it must take something away from other citizens. As far as I can tell, there is no other "inalienable right" that works in this manner.
tobinov wrote:Immediate and preventative actions to maintain and preserve one's life and well-being.
We are in disagreement about the definition of basic health care. In my mind, basic health care involves being able to be treated when faced with personal injury or disease. To take that a step further, all people in the United States have access to at least my definition of basic health care. Perhaps your definition should be matched with something other than basic health care.
As to the last question, you didn't really answer it. I posed two alternative scenarios and, as you correctly posted, one is a right that the government cannot deny to its citizens, and which we already have - namely, the freedom to engage in contracts with others for the provision of health care. The other alternative is the one, I believe, you are in support of - namely, the right for people to expect the government to provide them with health care.
So, I make the following comparisons:
- The "right to own a gun" as compared to the "right to be provided with a gun"
- The "right to free speech" as compared to the "right to be provided with a pulpit"
- The "right to engage in contracts with others for the provision of healthcare" as compared the "right to be provided with healthcare"
In other words, I do not think that the government provision of healthcare is a "right." I think the supporters of government-provided health care would like it to be framed as a "right" because it makes a better soundbite. I would say the right to be provided with healthcare is comparable to the right to be provided with police protection. As far as I know, police protection is not a right guaranteed by any Constitution and in as much as its part of the social contract, the citizens of the United States have determined that police protection is of sufficient importance to give up tax dollars in order to have such police protection (in other words, it's almost a contracted "right" rather than one that is "inalienable"). Therefore, I do not agree that healthcare is an inalienable right.
With all that being said, I'm still not sure whether I support government-provided health insurance (or health care) or not. As I've indicated in this thread (or somewhere else), I would like to see this. The only example in the United States is Medicare, and that has been widely panned on both sides of the aisle... but, I don't want to get into a discussion of Medicare.
What I do not support, however, is the current healthcare plan as it exists. I find it to simply be a deal between the Democrats in the legislature and the health insurance companies.