Both Obamacare and its proposed replacement treat health care as a right. The constitution specifies no right to medical care or any other good or service because we all can’t have a “right” that someone else must pay for. From Andrew P. Napolitano at lewrockwell.com:
The political fiasco that unfolded last week as President Donald Trump and the Republican House leadership failed to pass legislation repealing the Affordable Care Act, commonly called Obamacare, is attributable as much to the failure of politics as it is to the failure of politicians to understand the constitutional role of the federal government.
Republicans could not muster a majority in the House, which they control because a determined small group of them want to remove the federal government from the regulation of health care and believe that the replacement for Obamacare that House leaders have offered would keep too much of it in place. The president and his allies have argued that their bill would invalidate enough of Obamacare to return free choices to health care and to fulfill their campaign promises. Neither side has prevailed.
Here is the back story.
When Congress passed Obamacare in 2010, it did so without a single Republican vote. The premise underlying the highly partisan 2,700-page legislation is that health care is a right belonging to everyone in America and the federal government has a constitutional duty to provide it.
The political structure of Obamacare mandates that every person in America obtain health insurance, that every employer of more than 50 people in America pay for the health insurance of all employees who work more than 30 hours per week, that every policy of health insurance cover a large dimension of potential medical needs and that those earning under a certain annual income level receive health care at the expense of the rest of us. The failure to obtain and maintain health insurance triggers a tax burden — equivalent to the annual premium on a health insurance policy — for every year one goes without coverage.
To continue reading: Is Health Care a Right or a Good?