Quote from: Gil Gunderson on August 10, 2009, 05:29:34 PMQuote from: ChuckD on August 10, 2009, 05:21:39 PMQuote from: CBStew on August 10, 2009, 05:17:14 PMQuote from: ChuckD on August 10, 2009, 04:39:49 PMQuote from: CBStew on August 10, 2009, 04:30:15 PM
Although there is no evidence that it occurred to the Founding Fathers, The Supreme Court had no difficulty in deciding that the right to an attorney as a criminal defendant was protected by due process, even at the expense of the state. Is it such a stretch to say that the constitution protects one's health and life?
Wouldn't that fall under the 10th Amendment to the responsibility of state/local governments who hold the police powers (health, safety, and public welfare)?
The right to the assistance of counsel appears in the 6th amendment, but the Gideon case said that the 14th amendment made it applicable to the states at public expense.
Sorry, I should have clarified. I was talking about health care.Quote from: Gil Gunderson on August 10, 2009, 05:19:38 PM
You haven't heard of incorporation, have you?
Is that a rhetorical question?
It's a legal concept. I should have been clearer. First year law school fun.
Ah, I thought you were talking about "municipal incorporation." I just skimmed the article, but "incorporation" in the sense you're referring seems to be a devolutionary mechanism. If the state/local is tasked (as I was suggesting above) with providing for "health, safety, and general welfare," wouldn't elevating health care to a constitutional right require a change in law that's completely infeasible? Maybe I'm misinterpreting.