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August 3, 2009
Is Health Care a Right?
Is heath care a right? Short answer; no.
Consider our Bill of Rights
Amendment ICongress 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 offense 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 defense.
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 reexamined 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.
Did you read it? I hope so.
Now consider Franklin Delano Roosevelts' proposed Second Bill of Rights, sometimes called his "Economic Bill of Rights"
The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;The right to earn enough to provide adequate food and clothing and recreation;
The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;
The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;
The right of every family to a decent home;
The right to adequate medical care and the opportunity to achieve and enjoy good health;
The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;
The right to a good education.
Thankfully this was never formally adopted. Unfortunately some of it it has been adopted in practice, which was Roosevelt's intent. He was not one to let the Constitution stand in his way.
The difference between the two is striking. The first tells us what the government cannot do to us, the second what it should do for us. The first simply requires it to stay out of the way, the second to proactively interfere in our lives. The first describes what the government must do in cases where it wishes to charge a citizen with a crime, the latter what it must do to make us happy.
Today we are told by the left that health care is a right. The government may or may not have an obligation to provide it, but it most certainly is not a right as properly defined.
Theodore Dalyrymple has some thoughts in his piece in last week's Wall Street Journal that are well worth pondering.
If there is a right to health care, someone has the duty to provide it. Inevitably, that "someone" is the government. Concrete benefits in pursuance of abstract rights, however, can be provided by the government only by constant coercion.People sometimes argue in favor of a universal human right to health care by saying that health care is different from all other human goods or products. It is supposedly an important precondition of life itself. This is wrong: There are several other, much more important preconditions of human existence, such as food, shelter and clothing.
Everyone agrees that hunger is a bad thing (as is overeating), but few suppose there is a right to a healthy, balanced diet, or that if there was, the federal government would be the best at providing and distributing it to each and every American.
Where does the right to health care come from? Did it exist in, say, 250 B.C., or in A.D. 1750? If it did, how was it that our ancestors, who were no less intelligent than we, failed completely to notice it?
If, on the other hand, the right to health care did not exist in those benighted days, how did it come into existence, and how did we come to recognize it once it did?
When the supposed right to health care is widely recognized, as in the United Kingdom, it tends to reduce moral imagination. Whenever I deny the existence of a right to health care to a Briton who asserts it, he replies, "So you think it is all right for people to be left to die in the street?"
When I then ask my interlocutor whether he can think of any reason why people should not be left to die in the street, other than that they have a right to health care, he is generally reduced to silence. He cannot think of one.
Moreover, the right to grant is also the right to deny. And in times of economic stringency, when the first call on public expenditure is the payment of the salaries and pensions of health-care staff, we can rely with absolute confidence on the capacity of government sophists to find good reasons for doing bad things.
The question of health care is not one of rights but of how best in practice to organize it. America is certainly not a perfect model in this regard. But neither is Britain, where a universal right to health care has been recognized longest in the Western world.
Not coincidentally, the U.K. is by far the most unpleasant country in which to be ill in the Western world. Even Greeks living in Britain return home for medical treatment if they are physically able to do so.
The government-run health-care system--which in the U.K. is believed to be the necessary institutional corollary to an inalienable right to health care--has pauperized the entire population. This is not to say that in every last case the treatment is bad: A pauper may be well or badly treated, according to the inclination, temperament and abilities of those providing the treatment. But a pauper must accept what he is given.
Universality is closely allied as an ideal, ideologically, to that of equality. But equality is not desirable in itself. To provide everyone with the same bad quality of care would satisfy the demand for equality. (Not coincidentally, British survival rates for cancer and heart disease are much below those of other European countries, where patients need to make at least some payment for their care.)
In any case, the universality of government health care in pursuance of the abstract right to it in Britain has not ensured equality. After 60 years of universal health care, free at the point of usage and funded by taxation, inequalities between the richest and poorest sections of the population have not been reduced. But Britain does have the dirtiest, most broken-down hospitals in Europe.
There is no right to health care--any more than there is a right to chicken Kiev every second Thursday of the month.
Posted by Tom at August 3, 2009 9:41 PM
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Comments
"But Britain does have the dirtiest, most broken-down hospitals in Europe."
Evidently Mr. Dalyrymple (or Anthony Daniels) hasn't been to a hospital in Slovakia. I had the unfortunate experience of recently going to a hospital there:
1. The plastic examining table was sprayed with something after the patient before me, adding to the thick film of whatever disinfectant it was.
2. The doctor used an old fashioned manual typewriter to peck out my prognosis and used a razor blade to cut open my knee.
Why would we model our reform after the British, when the Dutch and Taiwanese have done a much better job at providing universal coverage?
I would wager that the UK has much better hospitals than those found in Slovakia, or most other eastern European countries. Everything in there felt like it was from the early 1970s.
As a side note, my wife just went to the hospital here in Bangkok, and it was super modern. The X-rays were emailed to her doctor within five minutes, and the buildings were very modern. We both paid about $100 out-of-pocket, but her service and the quality here in Bangkok was much better.
I agree health care isn't a right, but our system is one of the most expensive and but not the most efficient. We spend the most per capita, but don't get the best service. Taiwan has very interesting system that provides good universal care to its people. It is ironic that American nationalists are so willing to engage in military brinkmanship with China to defend Taiwan (a country with socialized medicine).
Posted by: jason at August 4, 2009 3:39 AM
Just because a right is an imagined one, doesn't reduce its validity. All rights are abstract creations at the end of the day - our hunter gather ancestors had no conception of freedom of speech, or of the Fifth Amendment. But that doesn't make these concepts any less useful or valid to us now.
I think what Dalrymple is driving at is the difference between positive and negative liberty. Negative liberty is simply the guarantee that the state will not do bad things to you. Positive liberty includes rights to things that society considers fundamental - like a basic education, healthcare and even, yes, food. Might you not agree, Tom, that we all want to live in a society where nobody, even the terminally lazy, starves to death? That food is cheap enough stuff in the industrialised world, that either through government programs or Christian charity we can afford to give it to those who need it?
At the end of the day this is why healthcare is free in the UK. After WWII, the British people elected a government with an overwhelming mandate to set up socialised healthcare, and to this day the NHS is so popular among voters that no political party would dare suggest abolishing it. Society decided that free healthcare was a right, and now it is. What's wrong with that?
And what about common defence? You might equally think of it as socialised defence. We expect our governments to protect us against foreign armies or terrorist attacks, because it's more efficient than telling each citizen to take out private insurance - or to contract out the service to a private militia. Unless you're a radical libertarian, my guess is you'd feel safer knowing the US military had your back than you would paying a monthly fee to Blackwater Corp. So if it's more effective to protect society against, say, cancer, through socialised healthcare than through a confusing and exploitative private insurance system, than why not do it? Why is cancer any less of a threat than military attack?
Posted by: Mylne Karimov at August 4, 2009 9:11 AM
jason - I'm glad you survived your ordeal. Yes, one of the hazards of traveling to non-Western nations is the substandard medical care. I must have missed that post on your blog.
All - Just so we're all clear, I do not doubt that our current system needs to be changed. I just don't want to go in the direction Obama wants to take it.
Posted by: Tom the Redhunter at August 4, 2009 8:46 PM
Mr. Daylrymple said "When I then ask my interlocutor whether he can think of any reason why people should not be left to die in the street, other than that they have a right to health care, he is generally reduced to silence. He cannot think of one".
Goodness, I can think of one: One reason is so we don't become a third world country.
In Mexico City, for example, in one of the nicest districts, I saw a woman fall in a seizure. She was light-skinned, well-dressed, carrying shopping bags from the nicest stores. No one helped her. Some literally stepped over her. When I asked our hired chauffeur to stop and help her, and I exclaimed "why is no one helping her?" he said that people in his country never want to get involved. He drove on, totally unconcerned.
When blacks in certain states before the civil rights laws were passed, got in a car accident, etc. no ambulances would pick them up, no hospital would take them. They literally died in the streets. In the Southwest, Natives and dark-skinned Mexicans (those with Indian blood) were denied care too then.
Third world countries and some European and East European countries are not only "the most unpleasant to be ill", they are not pleasant for other reasons. They are nice to visit for their history, then we are so glad to come home where there is efficiency and good quality to be had, even for our poorest.
In Spain, even the Duchess of Alba doesn't have a toilet that works, in Israel tourists complain that their toilet paper has wood splinters, well-dressed matrons in Italy often have to go down to the street to get water because the water pressure was nil in their apartments (in a nice district), people there flock to outdoor cafes and bars in summer and winter because of the poor heating or lack of air-conditioning in their homes. Same thing in Mexico. Only the rich can live well (well some of the time) in third world or some Western countries.
Dalrymple also said, "There is no right to health care--any more than there is a right to Chicken Kiev every second Thursday of the month." Goodness, I can't think of a more heartless statement. Treatment to prevent permanent injury or death is not a luxury to be compared to Chicken Kiev or Filet Mignon, etc. I think it is a right to expect a community to care for its citizens.
Yes, in practice some of the things FDR proposed have come to be maybe because once we were free from the abuses of the English monarchy that the Constitution addressed, we could become our own free caring people and progress to be the best country in the world.
Posted by: Emilie at August 10, 2009 9:43 PM
The point about the Chicken Kiev is one I've made myself, but I used "LCD high definition TV"
Where do rights come from? Are they just whatever we say they are at any given moment? If you say "it makes us a better society" or "more caring" or "prevents poverty" then going from health care or coverage to Chicken Kiev or an LCD TV is only a matter of incremental steps, not of substance. Once you say that health care or coverage is a right, they you go on to say that a job is a right, then a car, then entertainment - as who can lead a happy fulfilled life without entertainment and good food?
It's one thing to say we have a natural law right to free speech. As discussed above, these are "rights from government interference." No one gets billed, and it's simply a matter of the government letting you alone or acting in some prescribed manner should you be brought to trial.
A "right to health care" or "health insurance coverage" is something else entirely. They require a proactive stance by government, complete with funding. So you have to tax A to provide B, and worse, B has a right to A's money! This is a path to legalized confiscation of property, which is where we seem to be headed.
Posted by: Tom the Redhunter at August 10, 2009 9:53 PM



