Healthcare Reform Thread II

[Darius871]

Maybe they know about that whole 2012 thing and just figured what the hell?

[MrFun]

MrFun, I know nothing about either body of relating to medical necessity, but from a glance at westlaw it looks like the second body of law just relates to defining what treatments are covered under insurances and medicare/medicaid. That is, something may not be covered if it is considered not to be “medically necessary” because: (1) its nature, consequences, or general efficacy is unproven as to the medical condition at issue, or (2) because, while its general efficacy is known, it is not of “medical benefit.”

I still do not see the connection.

Never mind - I messed up. There is no connection.

[Kidlicious]

Since when do we define basic human rights as including top of the line medical care?

Basic human rights can be anything you want them to be.

[Darius871]

Basic human rights can be anything you want them to be.

Isn't that exactly the problem with considering "basic human rights" a valid concept in the first place?

[Ecofarm]

Regarding "human rights"...

Preamble:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article 4:

Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

[flash9286]

The preamble confers no substantive powers to the federal government.

Although that preamble indicates the general purposes for which the people ordained and established the Constitution, it has never been regarded as the source of any substantive power conferred on the government of the United States, or on any of its departments. Such powers embrace only those expressly granted in the body of the Constitution, and such as may be implied from those so granted. Although, therefore, one of the declared objects of the Constitution was to secure the blessings of liberty to all under the sovereign jurisdiction and authority of the United States, no power can be exerted to that end by the United States, unless, apart from the preamble, it be found in some express delegation of power, or in some power to be properly implied therefrom

JACOBSON v. COM. OF MASSACHUSETTS, 197 U.S. 11 (1905.

I don't see the connection regarding article 4, it just says that a republic form of government is required.

[Ecofarm]

"against domestic Violence"

[flash9286]

Even if I grant you your incorrect interpretation of domestic violence. It still wouldn't work in this case, I leave it to you to figure out why.

[Ecofarm]

Just checking (I went to sciency school instead of history/law). Feel free to explain.

"The United States shall guarantee... against domestic Violence".

[aneeshm]

Basic human rights can be anything you want them to be.

And that sums up the march of the progressives for the past two hundred years.

[chequita guevara]

And that sums up the march of the progressives for the past two hundred years.

If it were up to conservatives, owning slaves would still be a human right and women wouldn't have any rights.

[OneFootInTheGrave]

I guess people would rather pay twice as much (or more considering some people don't have insurance) rather than have any of their money go to treating someone who's poor!

USA

it really us a third world country... cannot even fund universal health care

[Hauldren Collider]

If it were up to conservatives, owning slaves would still be a human right and women wouldn't have any rights.

The republican party FREED THE SLAVES

Although the parties have significantly shifted since then, I'm fairly confident that on fiscal matters Republicans then were still more conservative than the Democrats. Someone feel free to correct me if I am wrong.

[Hauldren Collider]

Just checking (I went to sciency school instead of history/law). Feel free to explain.

"The United States shall guarantee... against domestic Violence".

I'll give you a hint. It isn't talking about wifebeating.

[Ecofarm]

Oh, come on.

Being protected from domestic violence sounds alot like a guarantee of basic human rights, at least while in country.