To All Those Would-be Constitutional Scholars of Health Care Reform

An honest reading of the preamble of our constitution says all that needs to be said about our right to health care in this country.

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.

We the People of the United States?  This is an expression that all the people as one voice declare what is to follow. In Order to form a more perfect Union?  This expresses the intention to come together as a single community.  Establish Justice?  To equitably do what is right for all. Insure domestic Tranquility?  To keep the peace amongst ourselves. Provide for the common defence?  To defend ourselves against common enemies. To promote the general Welfare?  To see to the needs of the citizenry that which they cannot do themselves. To secure the Blessings of Liberty to ourselves and our Posterity? To ensure that our freedoms are not taken away from us or our descendants. Do ordain and establish this constitution of the United States of America?  What is ordained and established in these words is the intent of all that follows.

The intent is clear. The intent is that all the people unite as a community in a just, peaceful manner under a government that would protect them, their freedoms and promote their welfare.  This is why we still have a country.  On the one hand you could say that the federal government is only there to promote these ideas and it is up to the states to carry them out, but then if it can’t or won’t do so, then what is a federal government to do? On the other hand the federal government is to establish justice? Is it just to let the helpless die? It is to insure domestic tranquility?  Is it insured if we allow inequities to fester to the point of domestic violence? It is to provide for the common defense? Not all our enemies carry a gun from without.  Some live in gated communities and have a sense that they are more entitled than others. It is to promote the general welfare?  This is a clear statement of providing those things that states and individuals cannot. Secure the blessings of liberty to ourselves and our posterity?  Is there anything that endangers your liberty and your posterity more than illness or threat of illness? Among the many things that it has been decided appropriate that the federal government needed to intervene to provide, the provision of health insurance (read care) will go down in history as the one that made the most sense.  The one that had the most documented need.  The one that was covered in every phrase of the preamble of our constitution.

It is only a twisted libertarianism that would suggest that we should let people die that cannot provide for themselves. It is only a self-absorbed selfishness that cannot see beyond their own strength to what others might take as weakness.  It is only a perverse sense of entitlement that suggests the fruits of your labor should not be shared with the community even though it was the community that allowed you to reap those fruits. No man is an island, Entire of itself. Each is a piece of the continent. No one does it alone.

We don’t succeed by ourselves, but also we don’t fail by ourselves either. If the public option fails, then we all fail as a country.  The fiscal conservative Representatives have failed this country. They have failed on moral and economic grounds.  They are oath breakers, liars and have sold out their constituency.  A little math will suffice to show you the degree of the lie. Between fourteen to twenty percent of this country works in government depending on how you count.  Most have taxpayer provided insurance.  To expand the public option would lower that cost to the taxpayer of this insurance adding to the bottom line  every cash strapped state.  If all government employees were added to public option ( or asked to pay extra cost for private insurance) that could  save $600,000, 000.  This could end stalled union contracts across the country by taking health insurance off the table.  What might this do for other sectors of the economy? What might this do put people back to work? What could this do to end the recession? When are we going to see the conservatives for what they are, fascists?

Oh wait, maybe it is unconstitutional because the government can’t force you to pay for insurance.  Their is nothing in the constitution that allows that to happen and the Supreme Court would never let it stand.  OK, suspend all social security deductions and programs. Or maybe, pass the law and take it to court, if you are so sure.

The way I see it, this health care debate will become a moot point in the coming years.  I see two-thirds of the States passing a form of universal health care of necessity.  When that happens, it will be a short step to making it a federal constitutional amendment beyond the reach of the Supreme Court, even though the Court would never have overturned a universal health insurance law anyway.  Sometimes you just have to say stick a sock in it.

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10 responses to this post.

  1. […] To All Those Would-be Constitutional Scholars of Health Care « Ishtarmuz's Blog ishtarmuz.wordpress.com/2009/10/26/to-all-those-wouldbe-contitutional-scholars-of-health-care – view page – cached Posted by ishtarmuz in Health Insurance Reform. Tagged: constitution, health insurance, libertarian, preamble, Public Option. Leave a Comment — From the page […]

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  2. […] Tweets about this great post on TwittLink.com […]

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  3. Great post. I have a post about the same topic. The influential constitutional law professor Erwin Chemerinsky feels the same way. Check it out here: http://asad123.wordpress.com.

    Reply

  4. great post. that’s the same reasoning i’ve been using with family & the tcot on twitter.. seems they don’t like reason, it interferes with their argument.

    Reply

  5. […] to secure the rights. So we have another would-be constitutional scholar. Check out my link to why universal health care is […]

    Reply

  6. of course health insurance is very much essential for your own sake’*~

    Reply

  7. Oh my goodness! Impressive article dude! Many thanks, However I
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