From D. Todd Christofferson:

"Policemen and laws can never replace customs, traditions and moral values as a means for regulating human behavior. At best, the police and criminal justice system are the last desperate line of defense for a civilized society. Our increased reliance on laws to regulate behavior is a measure of how uncivilized we’ve become.”

Is health care a fundamental right? Isn't this the question that is at the root of the current debate?

What is a right? We often hear of civil rights, economic rights, social rights. etc. For me, all rights falls within two categories:

1. Natural Rights
2. Legal Rights

Natural Rights

When I personally speak of rights, and when I read the words of our founders, these are the kinds of Rights that I usually refer to and that resonate in my soul. In the words of Thomas Jefferson, and affirmed by the unanimous vote of Congress assembled,

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

These unalienable rights are those that cannot be conferred by any other person, priest, potentate, king or magistrate. These are rights that our Creator himself has conferred and endowed upon all mankind. Examples of these rights are:

1. The Right to worship God how, where, or what we may
2. The Right to free speech
3. The Right to Life
4. The Right to choose for one's self
5. The Right to pursue happiness

This list is certainly not all inclusive. The keys to determining a natural right from a legal right, privilege or entitlement are these:

1. It cannot be purchased or sold
2. It cannot be conferred by anyone or anything
3. It is something that is universal for all - in whatever country, climb or continent

These are the rights I fight for. These are the rights you and I would die for. These are the rights for which men and women of our country have pledged their most sacred honor.

Legal Rights

Now that I have defined Natural Rights, I will now address legal rights. The Stanford Encyclopedia of Philosophy defined legal rights as follows: "Legal rights are, clearly, rights which exist under the rules of legal systems."

Often times these rights codify into law natural rights such as in our own Bill of Rights. However, legal rights may include rights not conferred by the Creator. Some examples of legal rights are:

1. Under law, I have a right to draw on Social Security when I retire.
2. Under law, I have the right to drive a car on public roads if I have the proper license.
3. Under law, I have the right to be able to purchase toys that have passed the government's safety screening practices.
4. Under law, I have the right to draw on unemployment insurance if I am terminated from my employer.
5. Under law, I have the right to COBRA insurance.
6. Under law, Corporations have rights including tax advantages and protection for shareholders & directors.

All of these are excellent laws and I am grateful for the rights they confer upon me. However, legal rights can also be unjust. Some examples of that are:

1. The right to hold slaves
2. The right to segregate schools
3. The right to discriminate based on race & gender
4. The right to force whole peoples off of their land

Thankfully, these laws have been repealed. Nevertheless, legal rights may at times infringe on the natural rights of others and may be unjust.

The keys to determining a legal right from a Natural one are as follows:

1. A legal right is conferred by the legislature
2. A legal right can be taken away by the legislature
3. Because these rights are conferred by man, they may at times be unjust.
4. A legal right can often be divided up into two sub parts: entitlement or qualified.

I will briefly define an entitlement and qualified legal right. A qualified legal right is one that a person may have to qualify for and often requires money (i.e., I have the right to Social Security retirement if I pay into the system, I have a right to a drivers license when I pass the test and purchase it, etc.).

An entitlement legal right is one that a person is legally entitled to regardless of their abilities to pass a test, work or purchase something. Some legally authorized entitlements that law confers upon our citizens are as follows:

1. Medical care for the poor and needy
2. Food & housing for the poor and needy
3. Educational assistance for the poor and needy
4. Social Security Disability

In summary, a legal right is one that is conferred by a legislature that did not exist prior to its being conferred and may take the form of a qualified legal right or an entitlement.

The key differences between Natural & Legal Rights

Now that we have defined Natural & legal rights we can conduct our analysis. However, before that analysis, we must quickly summarize the differences between these two kinds of rights. The key differences between these two kinds of rights are that Natural Rights cannot be bought or sold. They also always Existed, Are now, and Ever will be without regard to government. They are independent of anything or anyone. Legal rights are rights that were not, might be now, but might go away based on circumstances, economics, politicians, court decisions, and aims of government. Legal rights can be taken away. Natural rights are eternal. Legal rights may, or may not, infringe on the rights of others.

Analysis

So, is health care a Natural or legal right? Let's apply the keys.

Can it be purchased or sold?

Health care is its own industry. However, whole industries exist around natural rights. For example, the Right to Free Speech is one that supports the press. Is the right of Health Care a similar right where an industry has grown up out of a right?

The key difference between Freedom of Speech and Health Care is that one can still speak freely - even when deprived of all material goods and wealth. In that entirely destitute state, a person can still voice their thoughts and opinions, their purposes and desires. Health Care on the other hand is one that can only be purchased. Why? Because it has to be provided by another Human Being. For them to provide their services, they must be somehow compensated.

Now, there is a certain level of health care that a person will gladly perform without remuneration. It is that service which, when pressed upon in an emergency and where they are free from material harm to themselves, they are moved by compassion upon their fellow man to save them from their plight. This is motivated out of a love for their fellow man and a desire to serve. It is a Natural Responsibility to confer that aid & support but not a Natural Right that requires it.

Can it be conferred by anyone or anything?

As already mentioned, Freedom of Religion is a Natural right. It is one that cannot be conferred. Kings and Priests may seek to oppress this Right, but mankind will always endeavor to exercise it. Whether it sends them to the furnaces in Babylon, the Cross in Rome, or to Plymouth Rock, mankind will endeavor to worship God according to the dictates of their own conscience or choose to not worship at all.

Health Care is something that must be conferred on an individual. They must receive it at the hands of another Human Being.

Is it something that is universal for all - in whatever country, climb or continent?

All mankind are endowed equally with life, their agency, and ability to worship or not worship. However, individuals are born into many different countries, homes and families where health care standards and practices vary.

Is it a legal right conferred by the legislature?

Health Care entitlement rights have been conferred upon the citizens of our country by the Federal & State governments at different times. There was not a legal right to health care before these laws were passed. Even the President stated that because the country was now so wealthy, it was now something that the Government could/should confer. That is, we can now afford this right and because of that we ought to confer it. Natural rights are free. Legal rights often time have some kind of precondition that has to be met for it to be conferred.

Is it a legal right that can be taken away by the legislature?

In the event that funding becomes scarce, this is a right that can be taken away by the federal & state legislatures.

Is Universal Health Care Unjust?

This can be argued either way. Those who declare that health care is a right say it is unjust to not provide it to all. Those who say it is unjust, do so on three principles:

1. It takes away the Right to Choose one's own care
2. It will lead to a rationing of care by the State
3. To force individuals to pay for the health care of others is an infringement on their Right to the fruits of their labors

Can it be classified into one of two sub parts: entitlement or qualified?

At the moment, it is only an entitlement legal right.

Before we make a final conclusion about whether or not health care is a Natural or Legal right, it is important to briefly discuss two additional points: Privileges and Government Power.

Difference Between Natural Rights & Privileges

Privileges are the benefits one receives by the worthy exercise of Natural Rights. Some of these benefits are:

1. Happiness
2. Peace
3. Health (inasmuch as it is in ones control)
4. Freedom
5. Prosperity

As my mother often said, "Privileges are earned." The opportunity for those privileges is the Natural Right - conferred without distinction. These rights might be conferred without distinction but our world and society is one full of distinction: children are born into families that are high & low, rich and poor, in lands of war & lands of peace. It is the duty of thinking men and women everywhere to bring an end to these distinctions. Many people look to their governments for this leveling.

Government's Power

This is a topic of which entire books and philosophies discuss. I will simply quote our own Declaration of Independence: "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed." Governments are a social contract. We contract with each other through it and delegate to it certain powers we Naturally possess. Now there are both just and unjust governments. In my estimation, an unjust government is one whose powers infringe on the Natural Rights of its citizens. A just government is one that secures those Natural Rights.

You cannot give to anyone something that you do not have. Follow that logic through and you will see that it is a universal truth. In the sense of government, a citizen cannot give, endow, or bestow upon its government any Power that the citizen alone does not possess.

Governments at times exercise powers that their citizens do not have (the power to oppress, steal, plunder, murder, lie, etc.). In these situations, whether by consent or otherwise, the Government is unjust because it has usurped and exercised powers that it had no Right to possess. Consent alone does not qualify a government as Just. A Government that exercises unjust powers by consent is none other than mob rule of varying degrees.

If I don't have the Natural Right to require health care, then I cannot give to the government the right to confer it. If I have it, then I can confer that Right upon the government. Any other way is an infringement upon the Natural Rights of man - conferred by Creation. Infringing on the Natural Rights of others is essentially stealing from the Creator those rights He bestowed upon His creations.

Finally, whereas I don't have the right to force my neighbor to level themselves in Fraternal love for their fellowman, I cannot give to the government the power to level the high & low, the rich and the poor. This leveling is one that must come from within and never has, and never will, come from Government. People cannot be leveled by force. To be brought together as one is a choice each individual must make. This is something we must work to attain. They can urge it and persuade but they cannot force.

Conclusion

This argument is based on the premise that there are natural and legal rights. We have seen that health care is something that can be bought and sold. It is something that can be conferred and denied by legislatures. It is something that is not universal and is contingent upon other pre-conditions. Forcing others, even if by the consent of the majority, to pay for the health care of others is an infringement on another human being's Natural Rights. Because of this, we can see that Health Care is not a Natural Right but rather it has the makings of being a Legal Right.

Does that end the debate? As far as determining the Government's role it shows where its role is not. But it hardly ends the debate over the inequity and costs of health care. To continue that debate, we must recognize that Natural Rights are not the only thing conferred upon man by their Creator. Our Creator also conferred upon us Natural Responsibilities.

You might call these Natural Responsibilities under the names of Obligations, Duties or Ethics. These Natural Responsibilities include the responsibility to aid, support and protect one another. These are responsibilities that you and I cannot neglect without consequence. And although, as I have shown, we are not entitled to Health Care by Right, by the obligation of Natural Responsibilities laid upon us by our Creator, we should endeavor, no, we must endeavor, as far as our means allow us, to faithfully discharge these Responsibilities. As far as health care is concerned, that includes citizens everywhere working together to improve health care access and find solutions to ease the cost burden on our brothers and sisters by the willful donations of our money, time, energy and efforts. We furthermore should seek out the poor and needy and treat them as we ourselves would like to be treated.

America is about the opportunity to obtain the privileges. America is not about the entitlement to those privileges.

In sum, by the discharge of our Natural Responsibilities and the worthy exercise of Natural Rights - especially that of agency, we might earn and enjoy the Privilege of a Healthy, Happy, Secure and Peaceful society. This society would be one that had chosen, of their own free will and accord, to level themselves to each other and work for each others welfare and gain and not their own selfish endeavors. This society is something that cannot be conferred. This is something we are not entitled to. This is something that must be earned. Creating an entitlement society will only work against the ends that you and I seek to gain. Earning this society is what we must live for. Earning this society is what millions have fought & died for. Let us endeavor once again to take up our responsibility and earn that society.

I know that by respecting the Natural Rights of each other and by faithfully discharging our Natural Responsibilities to our fellowman we can create an America that truly does enjoy the privileges of Liberty and Justice for all.