BYU religion professor Randy Bott has an editorial in BYU’s Daily Universe this week. He asks: What is a right?
His answer: Whatever it is, it isn’t health care.
Professor Bott begins by confessing that he takes a “narrow view of ‘rights.’”[1] According to Bott, “a ‘right’ is something that is granted mortals by God.” Unfortunately, that is not a very helpful definition. What rights, specifically, does God grant? (And which does he not?)
Professor Bott never expressly states that he is addressing the health care debate. In fact, he goes out of his way to avoid politics: “I will let others argue the political definitions and ramifications,” he says. But I don’t know how to interpret his second paragraph as anything but a statement on the health care debate. He quotes former LDS Church president Joseph F. Smith as follows:
Men and women ought not to be willing to receive charity unless they are compelled to do so to keep from suffering ... It is a bad thing for men to think the world owes them a living, and all they have to do is to beg or steal to get it. When it comes to this class of people I am very much of the mind expressed once by Dr. Johnson, when a beggar came to him and asked alms and insisted that the doctor should be generous in helping him, “for,” said he, “doctor, you know that I must live.” But the doctor said, “I don’t see the least necessity for it.” When a man becomes a parasite, living upon the charity of his friends, I confess it is hard to see the necessity for him to live. He is no good to anyone. I speak this way only of such as are able-bodied, such as have their faculties and can devote these to some industry, to some useful labor. I don’t refer to the cripple, to those who are enfeebled by age, because I look at them in an entirely different light; there is a necessity for them to live, and there is a necessity for us to assist such, but there is no great need in this world for men and women who are able to work and will not work” (Conference Report April 1898, pp 48-49).
I’m going to set aside the issue of whether President Smith’s anecdote conforms with the scriptural injunctions to “not suffer that the beggar putteth up his petition to you in vain, and turn him out to perish,” and to refrain from saying that “[t]he man has brought upon himself his misery; therefore I will stay my hand, and will not give unto him of my food, nor impart unto him of my substance that he may not suffer, for his punishments are just” (Mosiah 4:16-17). I’m also going to disregard the presumptuous inference that Dr. Johnson, President Smith, Randy Bott, me, or any other fallible human being is qualified to judge who the “parasites” are.
While it’s simply implausible to interpret Professor Bott’s remarks as referring to anything but the health care debate[2], it appears that his understanding of it is rather uninformed. Contrary to his assertion, the proposed health care reforms would not create a legal right to health care in the same sense that one has a right to freedom of speech, to marry, to practice one’s religion, and so forth. Rather, the “rights” rhetoric reflects the moral view that people—hard-working people—should not have to lose their home or enter bankruptcy in order to receive life-saving treatments, but should be able to purchase affordable and reliable health insurance.
Randy Bott’s “sweat of the brow” argument is particularly off-base in the health care debate. Even under our current health care system, when someone contracts a serious illness, the cost of his treatment frequently exceeds the amount of money that he has paid into the system. (That’s the whole point of insurance: to guard against unexpected, exorbitant expenses that one cannot pay for out-of-pocket.) In other words, the patient receives more than the “sweat of his brow” would justify, thanks to the subsidies of other policy holders—the sweat of their brows, so to speak. Unfortunately, however, for each dollar of “sweat” that we pay into these companies, a significant portion is put toward lining executives’ pockets or covering inefficient administrative expenses, many of which are associated with a fundamentally antisocial activity: figuring out how to deny insurance claims.
Bott’s argument is misguided for another reason: those who are currently uninsured, those who have insurance but are not adequately covered, and those who are insured but cannot afford their premiums and copays, are not “parasites.” They are not “idle” people who believe that they are “entitled to certain privileges” or that “the world owes [them] a living.” In large part, they are ordinary, hard-working Americans who nonetheless are suffering under the weight of a broken system.[3] The problem is simply that no matter how hard they work, it will never be enough. Health care premiums are rising several times faster than wages.
Professor Bott apparently does not appreciate that, as a result of the health care system’s inefficiencies, many have already been forced to accept his solution: “expecting little or nothing.” (His words.)[4]
But this isn’t about politics, remember. As Professor Bott reminds us, it’s about our souls: “I marvel that so many who fought so valiantly in the war in the pre-earth life for the privilege of ‘work[ing] out your own salvation with fear and trembling’ (see Philippians 2:12) seem so willing to turn over to the government or anyone else the growth that come from fulfilling God’s program of growth toward exaltation through work.”
Professor Bott misses the point. The problem is that our health care system already has too much “fear and trembling.” We need less—not more—suffering.
[1] The scare quotes on “right” are an apparent necessity. Four out of the six times Bott uses the word, he does so with unnecessary quotation marks.
[2] The other current focal point of rights rhetoric is the LGBT movement. For some reason, I doubt that Bott would apply his “sweat of the brow,” you-get-what-you-earn approach in that context. God knows the LGBT community has worked hard to secure equal rights.
[3] Professor Bott apparently anticipated this argument, and responds as follows: “How restricting and debilitating the belief that you are a helpless puppet being yanked around by some evil puppeteer and strictly at the mercy of a cruel, uncaring world.”
[4] Did Professor Bott advise the GOP on its alternative health care proposal?

20 comments:
Good job, although I think your counterargument is entirely too long.
Something like this would have been sufficient- This is an op-ed about rights, concepts created by a system of civil government (with a shout out to some non-theist notion of natural law). Randy Bott is employed by the BYU Religion Department. To paraphrase the New Testament, "Can anything good come out of the BYU Religion Department?" 'Nuff said.
AHLDuke beat me to it. By giving any response to BYU Religious Education, they win. In their bizarre world, by criticizing them they have become persecuted for the cause of righteousness.
"I’m going to set aside the issue of whether President Smith’s anecdote conforms with the scriptural injunctions to “not suffer that the beggar putteth up his petition to you in vain, and turn him out to perish,” and to refrain from saying that “[t]he man has brought upon himself his misery; therefore I will stay my hand, and will not give unto him of my food, nor impart unto him of my substance that he may not suffer, for his punishments are just” (Mosiah 4:16-17). I’m also going to disregard the presumptuous inference that Dr. Johnson, President Smith, Randy Bott, me, or any other fallible human being is qualified to judge who the “parasites” are."
And you did such a great job of not bringing those up ;)
Well done.
The problem is simply that no matter how hard they work, it will never be enough. Health care premiums are rising several times faster than wages.
Professor Bott apparently does not appreciate that, as a result of the health care system’s inefficiencies, many have already been forced to accept his solution: “expecting little or nothing.”
How lovely the world would be if the biggest problem with our current healthcare system was too much coverage.
But, as you've pointed out, even the insured Americans--the hard working ones who operate within the rules of the system--are suffering from the inefficiencies of American health insurance.
According to a recent Harvard study, some 60% of all bankruptcies in the US in 2007 were attributable, in part, to medical problems. Roughly 3/4 of those bankruptcies were for people who had health insurance at the onset of the illness/disease/injury that eventually led to bankruptcy.
From the abstract:
Most medical debtors were well educated, owned homes, and had middle-class occupations. Three
quarters had health insurance. Using identical definitions in 2001 and 2007, the share of bankruptcies attributable to medical problems rose by 49.6%. In logistic regression analysis controlling for demographic factors, the odds that a bankruptcy had a medical cause was 2.38-fold higher in 2007 than in 2001.
Well educated homeowners with middle-class occupations...
Hardly the parasites Mr. Bott was thinking of, I'm sure.
http://www.pnhp.org/new_bankruptcy_study/Bankruptcy-2009.pdf
You guys are getting distracted with unimportant details.
The key here is not whether or not we have an obligation to help others; it is whether or not we should be forced to. Nowhere in the scriptures does it explain to us that we should be forced to help the needy. The health care bill would do exactly that. It is removing our ability to exercise our agency. Sound familiar? That's because it was Satan’s plan from the beginning.
p.s. if someone is going to die because they can't pay for some proceedure (which often wasn't even available 30 years ago), then either we help them by our own will or they die. Simple as that.
If I don't help others when I'm required to by law, I go to jail.
If I don't help others when I'm "obligated" by God's law, I die and burn in hell.
So in which one am I forced?
Thanks Soxy, you beat me to that one. In either case you still have choice, you just don't choose your consequences.
Taylor's argument also overlooks the fact that, unlike groceries, you can't drop off a bag of healthcare on somebody's porch. We can't do prescription medicine drives. I can't hand out chemotherapy or heart surgeries on Thanksgiving.
The health care problem can only be solved through collective action on a massive scale. A minority of good-hearted private citizens can't solve it. The market can't solve it. Realistically, the government is the only entity that can effectively address it.
One last request for the anti-"forced charity" crowd: Once you opt out of student loans, military protection, public schools, police and fire departments, roads, public utilities, and other redistributionist government services, maybe I'll take you seriously.
"Realistically, the government is the only entity that can effectively address it."
With regards to practicality:
Really? Wow name one government program that does ANYTHING effectively?
With regards to the principle:
IT'S UNCONSTITUTIONAL. Do you believe in D&C? The Lord established the constitution as an inspired document. The constitution does not grant power to the federal government and actually prohibits federal law from overriding state law (such as mandatory health care). You should read up on the subject.
Taylor,
Wow name one government program that does ANYTHING effectively?
The recent cash-for-clunkers program was a boon to automakers. Medicare, while not perfect, is extremely popular among its beneficiaries. Many public universities are extremely well-run (see, e.g., UC Berkeley, Univ. of Virginia). Firefighters do a pretty good job. Federal student loan programs have allowed me to receive a higher education.
And those are just a few examples, off the top of my head.
IT'S UNCONSTITUTIONAL. Do you believe in D&C? The Lord established the constitution as an inspired document. The constitution does not grant power to the federal government and actually prohibits federal law from overriding state law (such as mandatory health care). You should read up on the subject.
Actually, federal health care programs are clearly constitutional. Congress has broad power to regulate interstate commerce, and regulating the health care industry falls comfortably within this authority.
I studied the Constitution under the country's most well-known and respected constitutional law scholar, who has stated that "there is no doubt that bills passed by House and Senate committees are constitutional."
Your kidding right...Medicare and Medicade are desasters to both their beneficiaries and the taxpayer. Even though everyone pays into them via taxes, they operate at an enourmous loss.
Cash for cluckers are you serious?
http://money.cnn.com/2009/10/28/autos/clunkers_analysis/index.htm
If you interpret Article I, Section 8 of the Constitution the way CHEMERINSKY does the congress has virtually unlimited power to do whatever it wants as long as it somehow effects insterstate commerce. This is not only terrible logic, but a horribly irresponsible interpretation of the constitution.
Our founding fathers saw liberty as the most important principle. This is why they went to such great lengths to limit government power. This healthcare bill will be just be another removal of our ability to excersize our God given liberty.
So are you going to address Chemerinsky's arguments, or simply dismiss them because he's Chemerinsky? Even more conservative constitutional scholars would have a difficult time arguing with a straight face that regulating health care falls outside of Congress's power.
This can't be real...
@Steve M:
It's been a week now since you asked whether Taylor is going to address Dean Chemerinsky's analysis or simply dismiss him because of who he is. I think Taylor's silence answers your question. He is obviously a Skousen-esque self-appointed "Constitutionalist" who will simply dismiss and ignore judges, scholars, and any other recognized authorities that disagree with his particular--and narrow, agenda-driven--interpretation of the Constitution. He won't answer your question because he can't.
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Actually I directly addressed Chemerinsky's arguments. The reason I stopped is because I am not going to debate with people who won't even take the time to read my posts.
Unless you can come up with something more than a childish "you don't like chemerinsky!" I'm not going to waste my time
@Taylor:
No Taylor, you didn't address his arguments. You gave a few lines of superficial conclusions that dismissed them. You didn't analyze them, you didn't show point for point with legal analysis and precedent why he was wrong. Until you do that, you won't persuade anyone and you won't have much credibility here.
Taylor,
I read your post. Your "critique" of Chemerinsky's arguments consisted of the following:
If you interpret Article I, Section 8 of the Constitution the way CHEMERINSKY does the congress has virtually unlimited power to do whatever it wants as long as it somehow effects insterstate commerce. This is not only terrible logic, but a horribly irresponsible interpretation of the constitution.
That's not a reasoned critique; it's a series of conclusory assertions. Admittedly, Chemerinsky does interpret the Commerce Clause rather broadly. But when he states that the commerce power "includes authority to regulate activities that have a substantial effect on interstate commerce," he's merely summarizing current law, as interpreted by to the Supreme Court. That regulating the health care industry falls comfortably within the bounds of Supreme Court precedent cannot seriously be debated.
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