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Posted November 22, 2009
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New York, New York
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This iReport is part of an assignment:
Passions over health care reform |
ONE OR MORE OF OUR FUNDAMENTAL RIGHTS WILL BE VIOLATED IF THE SENATE PASSES THE HEALTHCARE BILL
The Government wants YOU to purchase health insurance or else.....
The right to have or not to have health insurance is not explicitly stated or named in the Constitution, but even thought it isn't, the Ninth Amendment states that the naming of certain rights in the Constitution does not mean that other, unnamed rights are not "retained by the people."
The Supreme Court has long held that the Bill of Rights protects certain liberties that, though unenumerated, are "fundamental" to an individual's ability to function in society. These include the right to privacy, the right to travel, the right to vote and the right to marry. The Court has articulated various constitutional bases for these liberties, including the First, Fourth, Fifth, Ninth and Fourteenth Amendments. And in recent years, the Court has viewed the privacy right as an essential part of liberty, specifically protected by the Fifth and Fourteenth Amendments.
The Court has also held that the government may not restrict fundamental rights without a compelling reason, and it has repeatedly struck down various state restrictions on birth control and abortion as being unjustified by a compelling reason.
So does this mean that the people of the U.S.A. will have a law suit if the health care bill passes in the Senate "for real" as is? It is possible! Will we win? Probably not!! Even though our fundamental/constitutional rights has been restricted. Why? The "COMPELLING REASON FACTOR" The Government will say first, millions of people are uninsured and these uninsured are causing the insured lots of dollars and that in order to reduce overall cost for healthcare for all individuals, it is important that we have a mandate that requiries everyone to get health insurance either through their employer or another means.
I do not know if this will reduce cost of care overall. I think premiums for health insurance will continue to rise. So who will be the real beneficiaries if the health care bill passes as is? Yah know, that is a "D" good question. I have to read the final version of the healthcare bill to answer this.
- TAGS:
- health_care,
- reform,
- insurance
- GROUPS:
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