The Constitution does not enumerate all of the rights of the people.  In fact, one of the reasons the Constitution was ratified without a Bill of Rights was because some people were afraid that if they enumerated some rights - the people would lose all others.  They feared that a Bill of Rights would be seen as an exhaustive list.  To alleviate that concern when the Bill of Rights was finally adopted, they included the 9th Amendment.

Amendment 9:  Rights retained by the people.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Thus, anyone who wanted to argue that there is a fundamental right to health care would likely start by referring to the 9th Amendment.  I don't think I would necessarily agree that such a right exists, but the Constitution would allow for such a finding.

Best,
Robert A. Franco
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