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Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 7:15 am
by BoSoxGal
The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal Principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. ~ Justice Robert H. Jackson, West Virginia Board of Education vs. Barnette, 1943
People all over this country die every day from the simple lack of healthcare.
How does that not violate their most basic fundamental civil rights?
Discuss.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 2:28 pm
by MajGenl.Meade
Of course - death is unconstitutional! We should ban it immediately.
But seriously, who declares that "health" is a right? Or further, that medical services are a "right". The right to life does not seem to be taken very seriously in cases that comport with some people's ideas of when death is to be ignored. The right to life speaks of the freedom to live without government regulation - not increasing it.
And who are these people dying every day? They need to stop it at once. (I mean, data please. How many, where and why?)
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 2:59 pm
by Big RR
BSG--Well, if we subscribe to the principle that governments are instituted by the people to protect their rights, then, by necessity, the actions of that government must depend on the outcome of elections. Rights may be fundamental and inviolable, but no government should have the right to subvert the will of the people to "protect" their rights. Oh, the votes may be more difficult (requiring, e.g. supermajorities) and protracted in some areas (such as constitutional amendment), but ultimately we must accept that the primary obligation of any government must accept is to bow to the will of the people. To accept less invites totalitarianism in the name of protecting freedom--the refuge of every dictator when called to account for his/her actions.
So with all due respect to Justice Jackson, the rights may or may not be up for debate, but what government does to enforce them must be (even if only by the constitutional amendment process). As for provision of healthcare, I do think access to healthcare should be recognized as a right of all, and that we as a people should protect that right. It makes economic and moral sense to do so, not to mention the practicality of promoting public health to avoid public health crises. That being said, the government's participation in enforcement of that right is subject to the electorate, and since we as a people have not seen fit to enshrine that right by constitutional amendment, and the courts do not recognize it as a fundamental or penumbral right under the constitution, we are limited to dealing with the government to define what will be done to enforce that right (much as we do with the similar rights to shelter and food).
Meade--any data on the death of persons lacking access to healthcare is apt to be subject to question, but I think it is safe to assume that there are many people in the US with untreated chronic conditions (e.g. hypertension, coronary and vascular disease, diabetes) and other diseases (cancers, e.g.) who do not have the access or the money to treat them. As these conditions can and do lead to death, some are dying because of this lack of healthcare. If healthcare were universal would they all live longer? Probably not, but many would. We each have to decide for ourselves whether this is acceptable or not.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 4:50 pm
by MajGenl.Meade
I think it is safe to assume that there are many people in the US with untreated chronic conditions (e.g. hypertension, coronary and vascular disease, diabetes) and other diseases etc.
Probably so but do we determine "rights" and legislate on assumptions or on facts? On what basis is access to healthcare any more or less a "right" than access to the internet, access to transportation and access to a nice couch? (Those may indeed be "rights", along with anything else one wants to add).
To speak of necessity vs. want requires judging the difference between 'necessity' and 'desire' in the lives of other persons who may have an entirely contrary opinion with equal justification. Who determines the important factors in "quality of life" or, if one must put it so, the "right to life, liberty and the
pursuit of happiness"?
One assumes that in a true world of liberty, people are free to live or die as they please without everyone else paying for their success or failure. That may be anarchic - I don't know.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 5:15 pm
by BoSoxGal
MajGenl.Meade wrote:And who are these people dying every day? They need to stop it at once. (I mean, data please. How many, where and why?)
45,000/yr., according to very reputable sources:
http://www.pnhp.org/excessdeaths/health ... adults.pdf
[PNHP = Physicians for a National Health Program]
New study finds 45,000 deaths annually linked to lack of health coverage
Uninsured, working-age Americans have 40 percent higher death risk than privately insured counterparts
September 17, 2009
By David Cecere, Cambridge Health Alliance
Nearly 45,000 annual deaths are associated with lack of health insurance, according to a new study published online today by the American Journal of Public Health. That figure is about two and a half times higher than an estimate from the Institute of Medicine (IOM) in 2002.
The study, conducted at Harvard Medical School and Cambridge Health Alliance, found that uninsured, working-age Americans have a 40 percent higher risk of death than their privately insured counterparts, up from a 25 percent excess death rate found in 1993.
“The uninsured have a higher risk of death when compared to the privately insured, even after taking into account socioeconomics, health behaviors, and baseline health,” said lead author Andrew Wilper, M.D., who currently teaches at the University of Washington School of Medicine. “We doctors have many new ways to prevent deaths from hypertension, diabetes, and heart disease — but only if patients can get into our offices and afford their medications.”
The study, which analyzed data from national surveys carried out by the Centers for Disease Control and Prevention (CDC), assessed death rates after taking into account education, income, and many other factors, including smoking, drinking, and obesity. It estimated that lack of health insurance causes 44,789 excess deaths annually.
Previous estimates from the IOM and others had put that figure near 18,000. The methods used in the current study were similar to those employed by the IOM in 2002, which in turn were based on a pioneering 1993 study of health insurance and mortality.
Deaths associated with lack of health insurance now exceed those caused by many common killers such as kidney disease. An increase in the number of uninsured and an eroding medical safety net for the disadvantaged likely explain the substantial increase in the number of deaths, as the uninsured are more likely to go without needed care. Another factor contributing to the widening gap in the risk of death between those who have insurance and those who do not is the improved quality of care for those who can get it.
The researchers analyzed U.S. adults under age 65 who participated in the annual National Health and Nutrition Examination Surveys (NHANES) between 1986 and 1994. Respondents first answered detailed questions about their socioeconomic status and health and were then examined by physicians. The CDC tracked study participants to see who died by 2000.
The study found a 40 percent increased risk of death among the uninsured. As expected, death rates were also higher for males (37 percent increase), current or former smokers (102 percent and 42 percent increases), people who said that their health was fair or poor (126 percent increase), and those who examining physicians said were in fair or poor health (222 percent increase).
Steffie Woolhandler, study co-author, professor of medicine at Harvard Medical School, and a primary care physician at Cambridge Health Alliance, noted: “Historically, every other developed nation has achieved universal health care through some form of nonprofit national health insurance. Our failure to do so means that all Americans pay higher health care costs, and 45,000 pay with their lives.”
“The Institute of Medicine, using older studies, estimated that one American dies every 30 minutes from lack of health insurance,” remarked David Himmelstein, study co-author, associate professor of medicine at Harvard Medical School, and a primary care physician at Cambridge Health Alliance.
“Even this grim figure is an underestimate — now one dies every 12 minutes.”
Other authors include Karen E. Lasser, Danny McCormick, David H. Bor, and David U. Himmelstein. The study was supported by a National Service Research Award.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 5:19 pm
by Big RR
Meade--Well, I would think medical care would rank right up there with oxygen, water, food, and shelter in the necessities of life; absent these, I can't see any other rights making much sense. this is not a quality of life issue, this is an existence of life issue.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 5:21 pm
by BoSoxGal
The Constitution doesn't guarantee happiness as a right, just 'the pursuit of' - thus the assertion that internet, transportation, and a nice couch should be guarantees is just absurd and a straw man inserted into what I hoped would be a very thoughtful discussion.
"Life" is guaranteed - and yes, while that generally has been taken to mean freedom from unlawful taking of one's life by the government, I think a very reasonable argument could be made that in an era where trillions are spent on unnecessary wars, etc., the government should be providing basic health care just as so many other developed nations are doing - and have been doing for a long time now.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 6:02 pm
by dales
THE RIGHT TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 10:24 pm
by MajGenl.Meade
Thanks for the data, bsg.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 10:56 pm
by Joe Guy
I noticed that all of the rights in Justice Roberts' examples are things that we as individuals have an inherent right to do on our own. Healthcare requires a person to help heal or medically treat another individual.
Is it correct to believe that healthcare a civil right that allows us to demand it from another individual or group?
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 11:07 pm
by rubato
bigskygal wrote: "...
People all over this country die every day from the simple lack of healthcare.
How does that not violate their most basic fundamental civil rights?
Discuss.
Whether it is or not, decent people would act as if it was.
yrs,
rubato
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 11:11 pm
by MajGenl.Meade
Joe Guy wrote:I noticed that all of the rights in Justice Roberts' examples are things that we as individuals have an inherent right to do on our own. Healthcare requires a person to help heal or medically treat another individual.
Is it correct to believe that healthcare a civil right that allows us to demand it from another individual or group?
You put that far better than I did:
One assumes that in a true world of liberty, people are free to live or die as they please without everyone else paying for their success or failure
Re: Life, liberty and the pursuit of happiness . . .
Posted: Mon Mar 09, 2015 11:59 pm
by Long Run
I take BSG's question as a philosophical rather than legal question since there is no "right" to healthcare, any more than there is a right to a house or to a job, etc., except to the extent one goes out and obtains such good or services on their own.
However, as to the belief that health insurance results in better health:
But I thought I'd take a minute to deal with an even more fundamental question: How sure are we that the Affordable Care Act is saving lives?
At this point, the answer is "not very." I think it's quite possible that five years hence, the mortality rate charts will show a sharp inflection point starting around 2014. However, I also think it's quite possible that five years hence, the mortality rate charts will show ... nothing at all. Forget those eye-popping statistics we've all heard about how a lack of insurance costs tens of thousands of lives a year. When you look at a broad array of studies, the evidence is surprisingly mixed, with some studies showing large effects, and others showing no improvement in mortality. Two randomized controlled trials, the gold standard for medical research, have been done on the benefits of generous health coverage; both showed no significant medical impact from paying for people's health care. Oh, you can pull out subgroups and say that hypertension got better among these folks, but there's a risk with that sort of thing that surprised researchers are simply committing the Texas sharpshooter fallacy.
Now, that doesn't mean there's no effect -- the studies are hard to do, and even a very well done study (which both of these were) can show spurious effects simply by random chance. Moreover, it's pretty clear that there are significant nonmedical impacts; people like having health insurance, and it protects them from the negative financial impact of large medical bills. This is not the most surprising result, either: If you pay for stuff that people buy, they will have more money in their pockets, and they'll be pretty happy about that. But it is an impact. Whether you think that was worth spending $1 trillion on is an exercise that must be left to the reader.
I know what you're thinking: This must be baloney. Obviously, health insurance makes us healthier. How could it not? It buys us health care.
All I can say is that history is filled with obvious things that turned out not to be so. Our intuitions are a poor substitute for evidence -- and people's intuitions are doing a simply enormous amount of lifting in the interpretation of the various studies about the benefits of health insurance.
http://www.bloombergview.com/articles/2 ... e-or-death
Re: Life, liberty and the pursuit of happiness . . .
Posted: Tue Mar 10, 2015 12:24 am
by Gob
Wow, so your already dire medical service will get even worse Long Run?
Sheesh, you should complain...
The US has by far the highest first-day death rate in the industrialized world. The report states, “An estimated 11,300 newborn babies die each year in the United States on the day they are born. This is 50 percent more first-day deaths than all other industrialized countries combined.” The 33 other industrialized countries for which data was collected recorded a combined total of 7,500 first-day deaths each year.
Life expectancy;
1 Japan 84.6 yrs
9 Australia 83 yrs
28 United Kingdom 81 yrs
36 United States 79.8 yrs
The U.S. health system is the most expensive in the world, but comparative analyses consistently show the United States underperforms relative to other countries on most dimensions of performance. This report, which includes information from the most recent three Commonwealth Fund surveys of patients and primary care physicians about medical practices and views of their countries' health systems (2007–2009), confirms findings discussed in previous editions of Mirror, Mirror. It also includes information on health care outcomes that were featured in the most recent (2008) U.S. health system scorecard issued by the Commonwealth Fund Commission on a High Performance Health System.
Among the seven nations studied—Australia, Canada, Germany, the Netherlands, New Zealand, the United Kingdom, and the United States—the U.S. ranks last overall, as it did in the 2007, 2006, and 2004 editions of Mirror, Mirror. Most troubling, the U.S. fails to achieve better health outcomes than the other countries, and as shown in the earlier editions, the U.S. is last on dimensions of access, patient safety, coordination, efficiency, and equity. The Netherlands ranks first, followed closely by the U.K. and Australia. The 2010 edition includes data from the seven countries and incorporates patients' and physicians' survey results on care experiences and ratings on various dimensions of care.
http://www.commonwealthfund.org/publica ... ror-update
Re: Life, liberty and the pursuit of happiness . . .
Posted: Wed Mar 11, 2015 12:32 am
by rubato
Long Run wrote:I take BSG's question as a philosophical rather than legal question since there is no "right" to healthcare, any more than there is a right to a house or to a job, etc., except to the extent one goes out and obtains such good or services on their own.
However, as to the belief that health insurance results in better health:
But I thought I'd take a minute to deal with an even more fundamental question: How sure are we that the Affordable Care Act is saving lives?
At this point, the answer is "not very." I think it's quite possible that five years hence, the mortality rate charts will show a sharp inflection point starting around 2014. However, I also think it's quite possible that five years hence, the mortality rate charts will show ... nothing at all. Forget those eye-popping statistics we've all heard about how a lack of insurance costs tens of thousands of lives a year. When you look at a broad array of studies, the evidence is surprisingly mixed, with some studies showing large effects, and others showing no improvement in mortality. Two randomized controlled trials, the gold standard for medical research, have been done on the benefits of generous health coverage; both showed no significant medical impact from paying for people's health care. Oh, you can pull out subgroups and say that hypertension got better among these folks, but there's a risk with that sort of thing that surprised researchers are simply committing the Texas sharpshooter fallacy.
Now, that doesn't mean there's no effect -- the studies are hard to do, and even a very well done study (which both of these were) can show spurious effects simply by random chance. Moreover, it's pretty clear that there are significant nonmedical impacts; people like having health insurance, and it protects them from the negative financial impact of large medical bills. This is not the most surprising result, either: If you pay for stuff that people buy, they will have more money in their pockets, and they'll be pretty happy about that. But it is an impact. Whether you think that was worth spending $1 trillion on is an exercise that must be left to the reader.
I know what you're thinking: This must be baloney. Obviously, health insurance makes us healthier. How could it not? It buys us health care.
All I can say is that history is filled with obvious things that turned out not to be so. Our intuitions are a poor substitute for evidence -- and people's intuitions are doing a simply enormous amount of lifting in the interpretation of the various studies about the benefits of health insurance.
http://www.bloombergview.com/articles/2 ... e-or-death
Republicans are desperate for Obamacare to fail because their own record is only to make HC more expensive and worse. But it just goes from success to success. And in every country in the G-20 improved access to HC results in better outcomes; just as it has done here.
Such pettiness and meanness. Anytime someone actually makes things better they try to break it.
yrs,
rubato
Re: Life, liberty and the pursuit of happiness . . .
Posted: Wed Mar 11, 2015 11:59 am
by oldr_n_wsr
People all over this country die every day from the simple lack of healthcare.
How does that not violate their most basic fundamental civil rights?
Your civil rights end where another person civil rights begin.
Do we force doctors to treat people regardless of their ability to pay? Are we not then infringing on the doctors rights?
No, health care and health insurance are not a basic fundamental right.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Wed Mar 11, 2015 1:24 pm
by Big RR
oldr--I don't think the point is that we can force any physician (or anyone else) into involuntary, uncompensated servitude, but whether the government exists for the benefit of the people, and whether provision of healthcare is so important it should be protected by the government. No one has an absolute right to housing of their choice either, but we, a people, provide housing to the indigent, ditto for food (how good we are at providing these is up for debate) because we believe it is intrinsic to an ordered and lawful society. Likewise, the government provides services, paid for by all, to protect people's rights to be secure in their property, among other government benefits. Should healthcare fall into this grouping? That is the question.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Wed Mar 11, 2015 1:42 pm
by rubato
Whether or not it is a right we should treat it as an obligation which must be fulfilled in order to call ourselves decent people.
yrs,
rubato
Re: Life, liberty and the pursuit of happiness . . .
Posted: Wed Mar 11, 2015 1:49 pm
by oldr_n_wsr
A "right" is not an "obligation" and visa versa.
I don't think we need to alter the constitution to do what is good and moral.
Re: Life, liberty and the pursuit of happiness . . .
Posted: Wed Mar 11, 2015 2:11 pm
by Big RR
Well oldr, that's not what the framers who enacted the Bill of Rights thought. They set up some "rights" to create "obligations" on the part of the government; obligations that cannot be easily ignored or waived.
If government does not protect what we think is important (or a right), why have it at all?