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Comment Re:Wow (Score 1) 1505

The whole concept of a right has some pretty serious problems.

Not really.

Property rights are not inalienable human rights - something is my property only because society has decided to protect my ability to hold onto it. Otherwise, anyone with a bigger stick could just come along and take it. The same can be said about any of our "rights." Free speech or freedom of religion are rights because our government has decided that those are things we value as a society. But they are by no means natural rights.

Again, no. Natural rights are essentially those things that you can do in a "state of nature" i.e. they do not depend on government or society. Clearly people are naturally capable of speaking and possessing property.

So there really is no reason why health care can't be a right.

That conclusion does not follow from your arguments, and in fact it is not correct.

The real question is how is that right protected and carried out. Because you are correct that forcing health care providers to work for no compensation is also against our concept of freedom.

In fact, that is not what I said. Compensation has nothing to do with it! The issue is involuntary servitude. If you have a right to a service, then by definition you must be able to compel someone to provide you with that service. That is not a freedom, that is coercive. The fact that many people may be willing to provide that service (for compensation) does not matter.

Consider some scenarios:

A remote village has no hospital, and the local country doctor passes away. The city council is unable to attract a medical professional. Where, then, is the right to health care for the residents of the town? (Requiring long distance travel is a significant burden on the right.)

What if there were a perfect cure for cancers, but the cure cost $1 billion? If health care is a right, then everyone with cancer could sue the government for treatment.

The Courts

Fourth Amendment Protects Hosted E-mail 236

Okian Warrior writes "As reported on the EFF website, today the US Court of Appeals for the Sixth Circuit ruled that the contents of the messages in an email inbox hosted on a provider's servers are protected by the Fourth Amendment, even though the messages are accessible to an email provider. As the court puts it, 'The government may not compel a commercial ISP to turn over the contents of a subscriber's emails without first obtaining a warrant based on probable cause.'"

Submission + - Hosted E-mail is Protected by the Fourth Amendment (freedom-to-tinker.com) 1

Okian Warrior writes: As reported on the EFF website, today, the United States Court of Appeals for the Sixth Circuit ruled that the contents of the messages in an email inbox hosted on a provider's servers are protected by the Fourth Amendment, even though the messages are accessible to an email provider.
As the court puts it, "[t]he government may not compel a commercial ISP to turn over the contents of a subscriber's emails without first obtaining a warrant based on probable cause."

Comment Re:Slavery and Rights (Score 1) 1505

In the same way that saying "voting is a right" is advocating slavery for poll workers, or saying "access to counsel in criminal cases is a right" (hello, Amendment VI) is advocating slavery for lawyers.

Finally, someone with a decent argument! Though hardly compelling, I think; poll workers are generally not federal employees. As for public defenders, as you point out they are constitutionally required, which makes them a special case not particularly relevant to this discussion. And if the government does not wish to provide representation, the DA always has the choice to not prosecute the case.

And you don't even need to look to the Commerce Clause on that one, as Congress has a much more specific express authority to use in that case, the Art. I, Sec. 8 power to "To provide for organizing, arming, and disciplining, the militia."

Article I Section 8 is not relevant here, I'm not talking about a requirement that all militia members buy a gun every year. I believe the unorganized militia is currently defined as all able bodied men between the ages of 17 and 45. That is not "everyone."

Perhaps I should have asked, do you think it would be reasonable for the government to force you to buy a new car every year?

Comment Re:Wow (Score 1) 1505

No. Do not say "human right" when you mean "entitlement." I'm perfectly willing to accept access to health care as a right (essentially part of the right to contract), but the care itself is a product -- a good and/or service -- and that cannot possibly be a right.

Really, think about this. What would it mean if one had a right to some service? Someone has to provide that service. You are claiming a right of entitlement to someone else's labor. That is not only unjust, it is morally wrong, and it is specifically prohibited by the 13th Amendment to the Constitution.

Rights are freedoms. Something cannot be a right if it requires denying freedom to someone else.

Comment Re:Wow (Score 1) 1505

Talk about twisted thinking.

You fail or refuse to akgnowledge three very simple and obvious facts.

A) healthcare is ALREADY a guranteed right - hospitals are not ALLOWED to turn you away even if you cannot pay. Does that compute?

B) The government DOES force me to buy a gun. Every year. Its all itemized in the 'defense budget' line.

C) Even ignoring the sarcastic nature of response B, comparing health care to an implement of death and violence is very indicative of your critical thinking.

You need to check your facts more carefully.

Healthcare is not a guaranteed right. Hospitals can and do refuse to treat people, every day. They are required to perform certain emergency services, but that requirement is relatively limited.

As for (B) and (C): You're arguing for an essentially unlimited expansion in federal regulatory powers. I'm just pointing out the logical conclusion of your argument. Defense is a legitimate government interest. While I do not expect such a law to be passed, you are advocating that the government should be able to make and enforce such laws.

Comment Re:Wow (Score 1) 1505

WTF??? This is seriously the stupidest thing I've read all day! Read this post to see why health care should be mandatory: http://politics.slashdot.org/comments.pl?sid=1908608&cid=34537174

Why would I even need a gun?

You missed the point. The issue is that you are advocating that the government have the power to enact such laws. If the health care bill is constitutional, then a law requiring you to buy a gun every year would also be constitutional. Whether or not you need it is irrelevant.

Comment Re:Wow (Score 1, Insightful) 1505

Health care cannot be a right, and I honestly cannot conceive of the twisted thinking that gives rise to such an idea. If health care is a guaranteed right, then you are essentially advocating slavery for health care providers.

And, for all those democrats who think this is a bad decision, let's turn this around: do you think it would be reasonable for the government to force you to buy a gun every year? It's the exact same thing.

Comment Re:War on (some) Drugs? (Score 2) 1505

The War on Drugs is a result of Wickard v Fillburn and more recently Gonzales v Raich. Both decisions were horrible. They allow the government to regulate almost any conduct which affects any interstate market -- including conduct that is purely local. But government regulation (setting rules for a market) is not the same as a mandate which forces people to engage in commerce. The health care bill is distinguished because it requires people to buy something.

Comment Re:Could someone kindly explain (Score 1) 1505

Laws must be passed by both the House and Senate, then they go to the President's desk for his signature (or veto).

Many of the laws that have been passed are illegal. The federal government is chartered by the U.S. Constitution, which is a document specifically listing the things that the federal government is allowed to do. Nothing prevents Congress from passing laws which violate the Constitution. This happens all the time, and the only possible remedy is to challenge the law in court. Unfortunately, the courts are statist and they tend to strike down only the most egregious violations (and sometimes not even then).

This was a very good decision, and I commend the judge. The Interstate Commerce clause has been horrifically abused by the federal government.

Comment Re:Do we really want this? (Score 1) 826

Instead of weakening our constitutional rights and taking away our privacy little by little, our representatives need to respect democratic opinion and decisions and the will of its own people and stop trying to push a national ID system on us. This has happened in the UK where people are finally waking up and protesting on the streets now, only that it's too late for them. We are not in the UK, China, or North Korea here. The US is a democratic country and our government and representatives need to respect that. Period.

Too late for that.

Oh, and by the way, The US is not a democracy -- it's a constitutional republic. The federal government is supposed to be limited to those powers directly granted in the Constitution. Not that anyone in power actually pays attention to that little detail...

The Courts

Supreme Court Holds Right to Bear Arms Applies to Individuals 2221

Now.Imperfect writes "In its last day of session, the Supreme Court has definitively clarified the meaning of the Second Amendment. The confusion is whether the Second Amendment allows merely for the existence of a state militia, or the private ownership of guns. This ruling is in response to a case regarding the 32-year-old Washington DC ban on guns." This is one of the most-watched Supreme Court cases in a long time, and Wikipedia's page on the case gives a good overview; the actual text of the decision (PDF) runs to 157 pages, but the holding is summarized in the first three. There are certainly other aspects of the Second Amendment left unaddressed, however, so you can't go straight to the store for a recently made automatic rifle.

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