Healthcare as a Constitutional Right: Debunking Myths and Misconceptions

It is often debated whether healthcare is a constitutional right in the U.S. This discussion often spirals into various misconceptions and arguments rooted in historical context and legal interpretations. Let's delve into the realities behind these debates and explore why many advocate for making healthcare a constitutional right.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights, adopted by the United Nations in 1948, clearly states in Article 25 that everyone has the right to enjoy the highest attainable standard of physical and mental health. However, it is important to note that the U.S. has signed onto this declaration. While the Constitution does not explicitly mention healthcare as a right, it supports the idea that all citizens should have access to essential services such as fire protection and police protection, which are also not explicitly mentioned in the Constitution. Yet, these services are widely accepted as rights in the U.S.

Constitutional Interpretation

Advocates argue that the Elastic Clause (Article I, Section 8) of the U.S. Constitution gives Congress the power to make all laws which shall be necessary and proper for carrying into execution its powers. This can be interpreted to include improving public health and creating a universal healthcare system. However, opponents argue that abortion rights and same-sex marriage legality are not actually constitutionally protected rights but are a result of judicial interpretation, notably those rulings by Roe v. Wade and Obergefell v. Hodges.

Founding Fathers' Intentions

The Bill of Rights was initially suggested to address the concerns of Anti-Federalists who feared a strong central government. The Founding Fathers intended for the Bill of Rights to be a list of fundamental rights, but it is also important to recognize that many rights are not listed in the Constitution. Similarly, healthcare access could be considered necessary for citizens to exercise their other constitutional rights, such as free speech and voting.

Practical Benefits of Universal Healthcare

Research has shown that universal healthcare can be more cost-effective and provides better health outcomes compared to a privatized system. Countries such as Canada and Scandinavian nations have successfully implemented universal healthcare systems. Many non-U.S. countries also have constitutional or legal provisions for healthcare rights, including Sweden, France, and South Africa.

In conclusion, while the specific wording of the U.S. Constitution does not mention healthcare as a right, the principles that support the right to basic services and the expanding concept of constitutional interpretation suggest a strong argument for including healthcare as a constitutional right. As the majority of Americans now view healthcare as a right, it may be time to consider implementing such a change to ensure equitable access to essential healthcare services.