Is universal health care in the Constitution?

topic posted Sun, April 5, 2009 - 8:03 AM by  Yul
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Some weeks ago, I heard a viewer phone C-SPAN claiming that the U.S. Constituion does not provide citizens with the right to universal health care. But according to my interpretation, the Constituion does provide the right to universal health care. The preamble itself says that "we the people" are supposed to "promote the general Welfare" among other things. So what can more beneficial to the general welfare than universal health care? And it looks like I'm not the first person to see it in those terms.

On the other hand, according to Wikipedia, "The Preamble does not assign powers to the federal government or provide specific limitations on government action." Whatever! But if human life is as priceless as so many people claim it is, wouldn't it make sense to provide free health care for all? I'm just saying.
posted by:
Yul
offline Yul
Michigan
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  • Unsu...
     
    The "promote the general welfare" language in the Constitution has a very broad meaning. I could be wrong, but I can't think of any supreme court case that struck down an act of legislation because it violated the "general welfare" provision. I also can't think of any law that would otherwise be unconstitutional that was saved by virtue of the general welfare clause.

    This provision neither guarantees universal health care nor does it prohibit it. What this provision does is give congress broad discretion in passing laws.

    The general welfare clause is not a right. Rather, it is a purpose.
    • Ln
      Ln
      offline 95

      One step closed to single payer health care

      Sun, July 19, 2009 - 5:55 AM
      From and thanks to Congressman Dennis Kucinich

      With your support, your phone calls, your emails, we won a major legislative victory today for a state single payer health care option in the House of Representatives in Washington, DC. The House Education and Labor Committee approved the Kucinich Amendment by a vote of 27-19, with 14 Democrats and 13 Republicans voting yes.

      The amendment propels the growing single payer health care movement at the state level. There are at least ten states which have active single payer efforts in their legislatures. They are California, Colorado, Illinois, Minnesota, Montana, New Mexico, New York, Ohio, Pennsylvania and Washington. The amendment mandates a single payer state will receive the right to waive the application of the Employee Retirement Income Security Act (ERISA), which has in the past been used to nullify efforts to expand state or local government health care.

      Under the Kucinich Amendment a state's application for a waiver from ERISA is granted automatically if the state has signed into law a single payer plan. With the amendment, for the first time, the state single payer health care option is shielded from an ERISA-based legal attack. Now that the underlying bill has been passed, as amended, by the full committee, we must make sure that Congress knows that we want the provision kept in the bill at final passage!

      The state single payer option was one of five major amendments which I obtained support to get included in HR3200. One amendment brings into standard coverage for the first time complementary and alternative medicine, (integrative medicine). Another amendment drives down the cost of prescription drugs by ending pharmaceutical industry's sharp practices manipulating physician prescribing habits. An amendment stops the insurance industry from increasing premiums at the time when people are not permitted to change health plans; and finally an amendment imposing a requirement on insurance companies that they disclose the cost of advertising, marketing and executive compensation expenses (which generally divert money from patient care).

      Please make sure you post this message on your social networking site, ask all your friends to get involved and encourage everyone you know to sign up at www.Kucinich.us so we can build full momentum behind this movement for real health care.

      Let's do this!
      • JM
        JM
        offline 97
        If I'm not mistaken (and I haven't checked), the preamble to the constitution descbribes the reason for the articles that follow it "to promote the welfare"... and health care is not among the articles listed, as far as I remember, off the top of my head. You'd really have to look at the articles themselves, not the preamble.

        Then again, as the USA is the ONLY developed (or even semi-developed) country that doesn't provide health care for its citizens, it's Duh (with a capital "D") obvious something is fucked up with the country.

        Go figure what it is. And I think if you figure just a teeny little bit, you'll see that for-profit corporations don't want it because it will lose them money. And that if you want health care (like the rest of the world has), it's going to be a hard fight against corporations that are working against your getting it. They are working very hard to see that you don't get it. They are spinning all kinds of information to make sure you don't get it, and they have tons of money they're using to make sure you don't get it.

        It's not going to happen without a fight. They are already fighting with weapons so powerful it would make your head spin. Getting a decent health care system in the US is going to take people in the streets.
  • .
    .
    offline 3
    well... if it can be interpreted to be in the Consitution (which i think there is an good case for it) then good.

    If it is not, well we can always ammend the document, right?

    and while we are at it.. let's put this one too:

    not everything in america has to make a profit.

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