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U.S. Constitution
See other U.S. Constitution Articles

Title: What Is a Right?
Source: Lew Rockwell
URL Source: http://www.lewrockwell.com/napolitano/napolitano12.1.html
Published: Dec 9, 2009
Author: Andrew P. Napolitano
Post Date: 2011-05-13 08:59:35 by A K A Stone
Keywords: None
Views: 51594
Comments: 68

In the continually harsh public discourse over the President's proposals for federally-managed healthcare, the Big Government progressives in both the Democratic and the Republican parties have been trying to trick us. These folks, who really want the government to care for us from cradle to grave, have been promoting the idea that health care is a right. In promoting that false premise, they have succeeded in moving the debate from WHETHER the feds should micro-manage health care to HOW the feds should micro-manage health care. This is a false premise, and we should reject it. Health care is not a right; it is a good, like food, like shelter, and like clothing.

What is a right? A right is a gift from God that extends from our humanity. Thinkers from St. Thomas Aquinas, to Thomas Jefferson, to the Rev. Dr. Martin Luther King, Jr., to Pope John Paul II have all argued that our rights are a natural part of our humanity. We own our bodies, thus we own the gifts that emanate from our bodies. So, our right to life, our right to develop our personalities, our right to think as we wish, to say what we think, to publish what we say, our right to worship or not worship, our right to travel, to defend ourselves, to use our own property as we see fit, our right to due process — fairness — from the government, and our right to be left alone, are all rights that stem from our humanity. These are natural rights that we are born with. The government doesn't give them to us and the government doesn't pay for them and the government can't take them away, unless a jury finds that we have violated someone else's rights.

What is a good? A good is something we want or need. In a sense, it is the opposite of a right. We have our rights from birth, but we need our parents when we are children and we need ourselves as adults to purchase the goods we require for existence. So, food is a good, shelter is a good, clothing is a good, education is a good, a car is a good, legal representation is a good, working out at a gym is a good, and access to health care is a good. Does the government give us goods? Well, sometimes it takes money from some of us and gives that money to others. You can call that taxation or you can call it theft; but you cannot call it a right.

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A right stems from our humanity. A good is something you buy or someone else buys for you.

Now, when you look at health care for what it is, when you look at the US Constitution, when you look at the history of human freedom, when you accept the American value of the primacy of the individual over the fleeting wishes of the government, it becomes apparent that those who claim that healthcare is a right simply want to extend a form of government welfare.

When I make this argument to my Big Government friends, they come back at me with…well, if people don't have health insurance, they will just go to hospitals and we will end up paying for them anyway. Why should that be? We don't let people steal food from a supermarket or an apartment from a landlord or clothing from a local shop. Why do we let them take healthcare from a hospital without paying for it? Well, my Big Government friends contend, that's charity.

They are wrong again. It is impossible to be charitable with someone else's money. Charity comes from your own heart, not from the government spending your money. When we pay our taxes to the government and it gives that money away, that's not charity, that's welfare. When the government takes more from us than it needs to secure our freedoms, so it can have money to give away, that's not charity, that's theft. And when the government forces hospitals to provide free health care to those who can't or won't care for themselves, that's not charity, that's slavery. That's why we now have constitutional chaos, because the government steals and enslaves, and we outlawed that a long time ago.

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Begin Trace Mode for Comment # 34.

#1. To: A K A Stone (#0)

A right is a gift from God that extends from our humanity.

You can't find this in the Bible.

A right exists because we all agree it should exist. Society creates them as we see fit, and gets rid of them as it benefits us all.

Biff Tannen  posted on  2011-05-13   9:04:48 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Biff Tannen (#1)

You're mixing privileges with rights.

A K A Stone  posted on  2011-05-13   9:09:44 ET  Reply   Untrace   Trace   Private Reply  


#3. To: A K A Stone (#2)

That's the word I was looking for: privileges. Same thing.

Biff Tannen  posted on  2011-05-13   9:16:10 ET  Reply   Untrace   Trace   Private Reply  


#34. To: Biff Tannen (#3) (Edited)

privileges. Same thing.

Government granted "privileges" are privileges to violate the natural rights of others.

There isn't a single thing that governments do that don't violate someone's rights. Not a single thing, because at some level everything the government does is based on force. Most of the time, government actions violate a whole bunch of people's rights.

The people who believe in limited government have concluded that government is necessary to do one thing: protect our life and liberty against threats domestically and from abroad. The people who believe that there shouldn't be any government at all have concluded that the entire notion of keeping government limited is a fantasy, because governments always grow like a cancer in society. Both of them are correct.

Jefferson knew that government's would stay limited for long. He told us very clearly how to deal with this fact:

What country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms... The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. It is it's natural manure... God forbid we should ever be twenty years without such a rebellion.

Jefferson was the ultimate pragmatist. A.) Implement limited government. B.) When it invariably gets out out of hand, kill the politicians. C.) Repeat this process forever.

Americas are too fat and lazy to get it. That's why we are in so much trouble.

jwpegler  posted on  2011-05-13   13:13:11 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 34.

#39. To: jwpegler (#34)

I tried to read all that. I don't see why you posted it to me though.

Biff Tannen  posted on  2011-05-13 13:46:06 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 34.

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