Posted on 10/10/2009 11:34:36 AM PDT by HorowitzianConservative
The O’Reilly Factor had the Fox News senior judicial correspondent Judge Andrew Napolitano on the show last night. He claimed that it would be unconstitutional for Congress to ban illegal aliens from participating in any health insurance plans, particularly the public option. He based his analysis on the Fourteenth Amendment’s Equal Protection clause. A constitutional law professor who was also on the show essentially echoed Napolitano’s opinion without adding anything of substance.
First off, with all due respect to Judge Napolitano and the law professor, I would have preferred some constitutional law heavyweights to argue the issue from a liberal and conservative point of view — for example, Harvard Law Professor Laurence Tribe and Robert Bork. That would have made for a lively and much more informed discussion. read more…
(Excerpt) Read more at newsrealblog.com ...
Interested to know what you opinion is...
Sure. And all the $5 dollar bills in my pocket have the Constitutional right to be $20 dollar bills.
a country that gives illegal immigrants rights equal to it’s citizens deserves the outcome
How do illegals get Equal Protection if they are not citizens? I doubt the Framers would have given invading British equal protection if there had been another war and thousands of English people flooded in.
Illegal aliens have a right to health care - in their country of origin.
Illegal aliens don’t have a constitutional right to anything! They are here illegally, and therefore are not entitled to any of the rights of a legal citizen. I am sick and tired of lawyers twisting the Constitution.
The law breaking illegals should never be conferred with standing in these situations. They should be absolutely prohibited from any programs in this country. They are ILLEGAL.
They are ILLEGALS, not entitled to even being here, nevermind freebies.
I totally disagree. How and non-citizens eligible for ANY U.S. Constitutional right? Their premise would say that ANYONE IN THE WORLD is entitled to the U.S. Treasury and the wealth of REAL American citizens.
No. I disagree in principal and the spirit of the law. To say nothing of the sanity in extending such a “right”. It totally defies sanity and reason. And what law in the Constitution still gets upheld in ANY court in this land, is turning into a party joke.
Gey Judge - how can somebody who is not entitled to protection under the United States Constitution suddenly be covered by it? Makes no sense ....
Tell me where in the US Constitution it says the government should provide health insurance to anyone, let alone illegals.
I have a constitutional right to rainbows, puppies and cute little ponies. I DEMAND them now!!!
Seriously, when the right to somebody’s elses labor is invoked, in this case, the medical profession, the right to take part or all of their life is invoked. We used to call it slavery.
This is the same theory of law that insists terrorists at Gitmo must be extended the same protection the US Constitution offers citizens. Apparently in the modern US legal world citizenship is irrelevant except for the obligation to pay taxes
but, shouldn’t illegal aliens be deported?
No.
No right exists that obligates another person to serve.
Those of us with common sense still do.
Glen Beck was talking about this yesterday regarding slave labor, namely illegal immigrants and using the term slavery.
Kudos to Glen, I've been saying that myself for a while now.
Nobody has a constitutional right to health care. Much less illegals.
Thanks I didn’t need to type it.
HorowitzianConservative
Since Jul 18, 2009
Funny how you never comment on your own posts, why is that?
Health insurance isn’t a constitutional right for ANYONE.
Arguing whether or not illegals have such a "right" is like arguing on how many angels can sit on the head of a pin.
That same show said Obama was a professor of Law at Harvard. WRONG. He was a lecturer, but not a tenured professor. And the lecturing was probably more about community organizing.
“Do Illegal Aliens Have A Constitutional Right To Health Insurance?”
Of course not!!
Seeing that question posed, makes me realize how ridiculous it is to give them healthcare.
They have broken federal law to intrude through our borders. They are criminals.
Would Mexico or Guatemala offer me free health care???
I’m struggling to figure out how our Constitution can mandate health insurance for those who aren’t supposed to be here. Wouldn’t that mean we’re required to provide health insurance to everyone around the world, regardless of where they live? Obviously, completely ridiculous, but I’m not getting the difference between these two scenarios. Of course, health insurance isn’t a constitutional right in the first place...
Unfortunately the Framers are long gone and we are stuck with liberal pandering pimps of politicians and liberal judges who are giving away the store. Sorry but illegals do have Constitutional Rights, and if US citizens get health care you can bet it will end up in the Supreme Court whether illegals get the same. Its bad enough they steal my money under threat of fines and jail and give it to others many of whom could be more self sufficient, but now they will try and give it to lawbreakers who should not even be here. It is beyond ludicrous, but inside the beltway that is how the clowns think. It must be something in the water that kills a persons logic, common sense, and intelligence. That's the only excuse I can think of other than they are trying to destroy the nation.
Wait till the productive people have had enough and quit working who will pay for all this crap? We are at the tipping point right now.
Napolitano was citing precedents and is saying that if this travesty passes, the courts would rule that it cannot be denied to persons in this country regardless of legal status, he didn't say he agreed with it.
I do sometimes. Or if someone says something really interesting I might reply or engage in discussion. Sometimes I forward some of the most thoughtful Freeper comments on to David Horowitz himself.
I’m just really busy as I try and get NewsReal out there and established that I often don’t have time to comment on all of the FreeRepublic posts I do of our articles.
To answer your question... I don’t think ANYONE has a constitutional right to free, taxpayer-funded health insurance whether they’re a citizen or an illegal immigrant.
I don’t believe they should have the right to health coverage. Our Constitution was meant for the citizens of the United States, not for the citizens of the world. If an immigrant is injured, extremely sick, they should be stabilized and sent back to the country they came from for further treatment.....unless they can pay for treatment here.
Thanks for your response and FWIW, I agree completely.
The premise is too absurd to consider “debating”
This is why we most fight against the public option, regarding health care. The President knows that the courts will use the 14th amendment to include all illegals.
We all know how rare a commidity common sense is anymore, let alone using it when trying to actually solve a problem.
If I have a right to health care, then obviously, I have a right to food.
Without food, I would have no health to care for.
So, go make me a sandwich.
please forgive my typos, yeesh
Illegal aliens have a constitutional right to deportation.
See this:
How Eisenhower solved illegal border crossings from Mexico
http://www.csmonitor.com/2006/0706/p09s01-coop.html
I caught the Fox news segment and the Judge believes granting illegals healthcare is Constitutional and said Obama knows it. Napolitano is using typical libertarian/liberal rationale in this case. Obama is employing typical political obfuscation and knows better.
HorowitzianConservative wrote:
To answer your question... I don’t think ANYONE has a constitutional right to free, taxpayer-funded health insurance whether they’re a citizen or an illegal immigrant.
To revise and extend your answer.
The Congress does not have the right to spend taxpayer funds providing health care for anyone. Article 1, Section 8 lists some very specific powers that have been delegated to the Congress. I don’t see buying or providing health insurance anywhere in that list.
| From the desk of cc2k: |
Glad we’re on the same page on this one.
One of my leftist friends has been trying to use this “rights” argument with me when he pushes socialized medicine and I won’t tolerate it. He tries to tell me that health care is a human right. And to throw him a bit I say, “Well yes, I agree with you. If you go into an emergency room bleeding then they should be required to treat you. (Not that that is necessarily guaranteed in the constitution.).... But nowhere is it a right that you should get those services for free.”
I don't believe he ever said that, he just insisted that the courts would strike down any denial of the benefits to illegals, just like with Prop 187.
I'm going to see if I can find a video link
If I have a right to health care, then obviously, I have a right to food.
Without food, I would have no health to care for.
So, go make me a sandwich.
. . . . . . .. ... . . .
LOL !
“The Congress does not have the right to spend taxpayer funds providing health care for anyone.”
Well, not to be nitpicky or anything but I’ll offer one exception: government employees! ;-)
Voting should be restricted to those not accepting welfare.
LOL...that must make your lefty friend pucker up a bit!
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