{"id":1581,"date":"2009-08-19T07:49:22","date_gmt":"2009-08-19T13:49:22","guid":{"rendered":"http:\/\/thenonsequitur.com\/?p=1581"},"modified":"2009-08-19T07:55:29","modified_gmt":"2009-08-19T13:55:29","slug":"deny-or-disparage","status":"publish","type":"post","link":"https:\/\/thenonsequitur.com\/?p=1581","title":{"rendered":"Deny or disparage"},"content":{"rendered":"<p>This <a href=\"http:\/\/online.wsj.com\/article\/SB10001424052970204251404574342170072865070.html\">op-ed<\/a> by John Mackey, CEO of whole foods, has caused somewhat of a stir.&nbsp; A bunch of people decided to boycott his store (and use his website to do so).&nbsp; I prefer the raw capitalism of buying from the actual grower&#8211;but I guess that makes me some kind of communist.&nbsp; Anyway, this morning I ran across a couple of tepid defenses of Mackey&#39;s op-ed.&nbsp; Here, <a href=\"http:\/\/www.chicagotribune.com\/news\/chi-090819-wholefoods-link,0,6813472.storylink\">Mary Schmich<\/a> in the Chicago Tribune, and <a href=\"http:\/\/online.wsj.com\/article\/SB10001424052970204251404574342170072865070.html\">here<\/a> the newly rejuvenated <a href=\"http:\/\/www.washingtonpost.com\/wp-dyn\/content\/article\/2009\/08\/18\/AR2009081802849.html?hpid=opinionsbox1\">Kathleen Parker<\/a> in the Washington Post.<\/p>\n<p>Mackey lays out a series of proposals that address access to health insurance (but don&#39;t guarantee it); the only one aimed at reducing costs (aside from being healthy) is tort reform.&nbsp; I think tort reform is a dubious strategy for a libertarian&#8211;if you have any rights at all, you have a right to sue people for contract breech or for failure to perform up to a certain standard.&nbsp; There is empirical research of a kind on that point, however, which would at least address the question as to whether tort reform would have any effect on medical costs.&nbsp; Once that question is resolved, however, one would have to balance one&#39;s right to sue an incompetent doctor against the <strike>communist<\/strike> benefits of lowering health care costs across the board. &nbsp; <\/p>\n<p> In addition to offering these and other points, he runs some counter arguments against &quot;socialism.&quot;&nbsp; Since no one is offering socialism, or even socialized medicine (if you don&#39;t know that, step away from the microphone at the town hall, go to the local library [for free!] and read some newspapers) I can hardly applaud his courage. &nbsp;<\/p>\n<p>He runs a version of the &quot;rights&quot; argument as well.&nbsp; I don&#39;t know where people pick up these arguments, but it&#39;s really silly.&nbsp; For some reason people have framed this discussion as one about rights&#8211;namely about the rights they&#39;re losing in having greater access to health care.&nbsp; Perhaps this explains why people show up at town hall meetings with guns.&nbsp; As Wyatt Cenac on the Daily Show indicated yesterday, that makes about as much sense as showing up drunk (which is another thing you have a right to do).<\/p>\n<p>Here, in any case, is Mackey&#39;s right&#39;s argument:<\/p>\n<blockquote>\n<p>Many promoters of health-care reform believe that people have an intrinsic ethical right to health care&mdash;to equal access to doctors, medicines and hospitals. While all of us empathize with those who are sick, how can we say that all people have more of an intrinsic right to health care than they have to food or shelter? <\/p>\n<p> <a name=\"U10121756253eJE\" title=\"U10121756253eJE\"><\/a><\/p>\n<p>Health care is a service that we all need, but just like food and shelter it is best provided through voluntary and mutually beneficial market exchanges. <strong>A careful reading of both the Declaration of Independence and the Constitution will not reveal any intrinsic right to health care, food or shelter. That&#39;s because there isn&#39;t any. This &quot;right&quot; has never existed in America.<\/strong><\/p>\n<p>Even in countries like Canada and the U.K., there is no intrinsic right to health care. Rather, citizens in these countries are told by government bureaucrats what health-care treatments they are eligible to receive and when they can receive them. All countries with socialized medicine ration health care by forcing their citizens to wait in lines to receive scarce treatments. <\/p>\n<\/blockquote>\n<p>The idea that the Constitution and the Declaration of Independence (again&#8211;not a ruling legal document!) enumerate all of our &quot;intrinsic&quot; rights is silly.&nbsp; It&#39;s silly because, as people should never tire of pointing out, the Constitution, on a careful reading (slightly more careful than Mackey&#39;s) says:<\/p>\n<blockquote>\n<p><strong><a name=\"Am9\" title=\"Am9\"><\/a>Amendment 9 &#8211; Construction of Constitution. <a href=\"http:\/\/www.usconstitution.net\/constamrat.html#BoR\">Ratified<\/a> 12\/15\/1791.<\/strong><\/p>\n<p>The <a href=\"http:\/\/www.usconstitution.net\/glossary.html#ENUMERATE\">enumeration<\/a> in the Constitution, of certain rights, <strong>shall not be construed to deny or disparage others retained by the people<\/strong>.<\/p>\n<\/blockquote>\n<p>There you have it folks.&nbsp; A careful reading of the Constitution shows that you may have more rights than the Constitution says.<\/p>\n<p>One more obvious point.&nbsp; I think no one could seriously argue that the Constitution contains all intrinsic rights, such that their not being mentioned (see above, 9th Amendment) is evidence of their not existing.&nbsp; That would be circular! <\/p>\n","protected":false},"excerpt":{"rendered":"<p>This op-ed by John Mackey, CEO of whole foods, has caused somewhat of a stir.&nbsp; A bunch of people decided to boycott his store (and use his website to do so).&nbsp; I prefer the raw capitalism of buying from the actual grower&#8211;but I guess that makes me some kind of communist.&nbsp; Anyway, this morning I &hellip; <a href=\"https:\/\/thenonsequitur.com\/?p=1581\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Deny or disparage<\/span> <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,58,2,13],"tags":[],"class_list":["post-1581","post","type-post","status-publish","format-standard","hentry","category-begging-the-question","category-lack-of-evidence","category-op-ed-writers","category-plain-bad-arguments"],"_links":{"self":[{"href":"https:\/\/thenonsequitur.com\/index.php?rest_route=\/wp\/v2\/posts\/1581","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thenonsequitur.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thenonsequitur.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thenonsequitur.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/thenonsequitur.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1581"}],"version-history":[{"count":0,"href":"https:\/\/thenonsequitur.com\/index.php?rest_route=\/wp\/v2\/posts\/1581\/revisions"}],"wp:attachment":[{"href":"https:\/\/thenonsequitur.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1581"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thenonsequitur.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1581"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thenonsequitur.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1581"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}