The beauty of our Constitution is that it is flexible and ever evolving. So many of the civil rights and liberties we enjoy may not be found within the black letter law of the verbiage, but rather in what has been defined as the penumbral areas. ...those concepts which while not expressly mentioned within the body of the constitution have been deemed by the court to be within the intent of the drafters as necessary to arrive at the rights expressly guaranteed. Many are found to be within the protection of the right to substantive Due Process.
There may come a time when health care may be deemed to be within the penumbral areas. In past years some of the constitutional guarantees have been held to include more exotic areas...access to the courts to file a divorce, Boddie v. Connecticut, 401 U.S. 371 (l971), right to the use of contraceptives, Griswold v. Connecticut , 381 U.S. 479 (l965), a woman's right to abortion, Roe v. Wade, 410 U.S. 133 (1973). There are a number of other areas also such as the right to the expectation of privacy between consenting adults, and a constitutional ban against state laws that impinge on a citizen's fundamental right to travel...(e.g. imposing unduly long residency requirements after moving to another state before the citizen becomes eligible to collect welfare benefits.)
It is not too difficult a stretch of the imagination to envision universal health care as constitutionally protected. I am wondering when they will get around to protecting the right to sing the blues.
to post a reply:
login - or -
register