Good point.  But, to play devil's advocate for a moment, what about the 6th Amendment right to counsel?  That would be one example of a right to the service of another. 

6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Quite arguably, the founders did not intend that to mean the right to a free lawyer, but the Supreme Court has had a more expansive view.  In the 1930's, attorneys were only provided in capital cases to those defendants who could not afford one and were not capable of defending themselves.  Then it was expanded to all defendants in federal courts who were too poor to hire an attorney.  Now it applies equally in state courts for any defendant facing jail time.

Of course, the attorneys get paid, so there is no involuntary servitude issue.  Same would apply to health care; we would not expect the doctors to actually work for free. The government would pick up the tab, just as it does for the attorneys.

I don't think you can quite get to involuntary servitude through taxation to pay for health care, either.  The Taxing and Spending Clause of Art. 1, sec. 8 allows the government to do just about anything with tax dollars.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

That "general welfare" provision is pretty gosh darned broad.  If Congress were to decide that taxpayer funded health care was for the general welfare of the United States, I'm sure they could do it.  It wouldn't even have to be considered a fundamental right. 

Personally, I tend to agree with Pat, that health care is not a right.  However, the Supreme Court has recognized several rights that aren't specifically enumerated in the Constitution - such as the right to marry, the right to procreate, the freedom of movement, and when and where to acquire an education.  I don't think I would be shocked if they added health care to the list one of these days.

Best,
Robert A. Franco
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