Originally Posted by
BobKincaid
I realize that the query tried to step outside left-right, but given the nature of our system, that is all but impossible.
The essential problems from which the disagreements over healthcare, and any other thing the current majority wishes to do, ostensibly have to do with the right-wing notion that the majority are somehow operating outside the boundaries of the constitutional framework. Nothing could be further from the truth.
The problem is not only legal, but philosophical and attitudinal, as well. The right-wing is by far the more authoritarian of the two sides, and has an almost religious fervor about the origins of the United States. To an authoritarian, the Framers were just short of demi-gods and the Constution is a thing forever set in stone.
Yet, the fact is, the Framers, based upon actual available history, would never have elevated themselves to the esteem the right-wing affords them. They recognized their own human frailties (most of them drank in excess of a gallon of wine a day) and failings (many of them held slaves and hadn't a CLUE how to deal with that pernicious nightmare) and offered up a framing document that admitted of its own failings. How?
If the Framers thought the Constitution perfect and immutable, they would have had no need to create Congress or provide a means by which the Constitution could be amended. Instead, they created a bicameral legislative body that was designed to expound and expand upon the framework set forth in the Constitution within its strictures. Recognizing that the Constitution, itself, was fallible (please recall that the Framers largely despised the notion of infallibilty, being as they were mostly deists and, at the least, protestants) and might require periodic amendation, they provided a far-from-impossible means of changing it, which the young republic began doing almost immediately (witness the change to the original structure of presidential/vice-presidential elections after the nastiness of the Jefferson election).
Nothing of the framing, establishment and adoption of the Constution admits of the authoritarian reverence the right-wing accords it, save for the fact that authoritarianism loathes challenges to the status quo.
As such, the fact that the right has persistently decried healthcare as being outside the bounds of the Constitution is simply silly. It was written in broad generalities such as "provide for the general welfare," that allowed future generations to define that for themselves. That "general welfare" includes healthcare if the Congress determines that it does. The Supreme Court has the right to pass upon the idea if a sufficient "case and controversy" is presented to it, but not otherwise and may act then only if it finds that Congress' actions, viewed in the light most favorable to the Congress, are clearly unconstitutional.
The Framers were aware, because they were learned, of what happens when good laws go bad. They had, for instance, England's "mortmain" law to reflect upon, which, upon hard lessons-learned, precluded a "dead hand" from continuing to control property ownership. The Constitution, in short, was not written in a vacuum. It was written within the Anglo-Saxon legal tradition that pre-supposed a growing, changing body of law made to deal with a growing, changing body of citizens.
The right's incessant cry that "at no other time in American History have citizens been mandated to purchase something at their own cost," (and variations on the theme) displays not a philosophy, but an ignorance. Only scant years after the ratification of the Constitution, the Congress enacted the Second Militia Act of 1792, which COMPELLED American citizens to purchase the following:
"a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder."
If purchasing healthcare coverage is a violation of personal liberty, then so, too, was the requirement passed by the Congress in 1792.
There really is NO impact upon "personal liberty" in the present healthcare legislation, unless one is willing to so far extend the boundaries of "personal freedom" as to include the "personal" right to impose a grim, grisly death upon 45,000 OTHER Americans every year and deny them access to the "general welfare" with which the Congress is charged oversight.
I would submit that such is a profound over-extension of any rational notion of "personal liberty."