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There Is No Right to Health Care
by Jacob G. Hornberger, October 2000
The Cuban constitution expressly
states that people have a right to health care and that it is the duty of
government to guarantee this right by providing hospitals, physicians, and
medicine to the populace. Judging from the health-care stands of both Al
Gore and George W. Bush, both of whom call for greater government
involvement in health care, you would think that Americans share the
Cuban conviction that there really is a right to health care.
Yet, a careful examination of the U.S.
Constitution reveals that the term health care isnt
even mentioned. Why? The answer is a simple one: Unlike American
politicians today, our Founders didnt believe that people have a
right to health care.
Lets first keep in mind that
our Constitution, unlike the Cuban one, does not grant rights to anyone. The
U.S. Constitution implicitly recognized the principle that Thomas
Jefferson had enunciated in the Declaration of Independence that
man has been endowed with certain fundamental rights that preexist
government and that these rights include not health care (or food or
education) but rather life, liberty, and the pursuit of happiness.
The purpose of government, the
Declaration said, is to protect the exercise of these rights. Thus, the
cornerstone of the American political system is that government is not
the source of peoples rights but simply the entity charged with
protecting the exercise of those rights.
While our Constitution does not give
people rights, it does delineate the powers of the federal government. The
idea was that if the Constitution did not grant a certain power, then the
federal government was prohibited from exercising it. A careful search of
the Constitution fails to reveal the grant of any governmental power to
provide health care to the citizenry.
If people have a right to health care,
then it stands to reason that others are required to provide it. After all, it
wouldnt be much of a right if people werent guaranteed it.
And the only thing that can guarantee such a right is the coercive
apparatus of the state. The fact that Cubans have a right to heath
care is the reason that the Cuban government provides health care
to the citizenry.
A right to health care would entitle
me to walk into any physicians office and demand to be treated for
free. The law would require the physician to comply with my demand. I
could enter any pharmacy and demand any drugs I wanted for free, and the
pharmacist would have to give them to me. Every hospital would be at my
beck and call, required by law to serve me. It would be my right.
As Americas Founders
understood so clearly, this type of right is not liberty but
rather the opposite of liberty, because it forces one person to work for or
serve another person. Liberty entails every persons right to live
his life without being coerced to serve another.
Of course, government can disguise
the process by taxing the citizenry to reimburse the physician, pharmacy,
and hospital. But the assault on the concepts of liberty and the pursuit of
happiness is just as egregious. When their money is taken from them to
pay for other peoples health care, peoples range of choices
that is, their freedom is diminished.
Moreover, as everyone knows, each
new government intervention into health care creates a host of new
problems, which then require more intervention. The result is an
ever-growing expansion of government control over this crucially
important part of our lives.
The enactment of Medicare and
Medicaid in the 1960s was an assault on both the philosophy of our
Constitution and the economic principles of the free market. It also
constituted an abandonment of a principle that the American people had
held dear for more than a century that people have a right to
freedom but not a right to health care. Rather than continuing down the
Cuban road to national health care, Americans would be better served
demanding an end to Medicare and Medicaid and all other governmental
involvement in health care.
Mr. Hornberger is founder and
president of The Future of Freedom Foundation (www.fff.org) in Fairfax,
Va.
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