Civil Rights May Be Bad For Your Health

March 24, 2010 at 6:21 am | Posted in Political | 11 Comments
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by Walter Scott Hudson

During the initial Democratic afterglow following the House passage of Obamacare, Representative Jim Clyburn of South Carolina repeated the fallacious progressive claim that healthcare is a fundamental human right.

I said earlier, during my talk on the floor, that I consider this to be the Civil Rights Act of the 21st century – because I do believe that this is the one fundamental right that this country had been wrestling with now for almost a hundred years. I think tonight, we took a giant step toward the establishment of a more perfect union.

Clyburn’s equating a healthcare entitlement to the civil rights established in 1964 is deeply insulting. To understand why, one must consider how the adjective “civil” affects the noun “right,” and the function civil rights play in a just society. The term “civil rights” has become interchangeable,  in the public discourse, with the term “inalienable rights.” These distinct concepts have become so convoluted, even popular internet references group them together. Consider the contradiction in Wikipedia’s article on “civil and political rights:”

In many countries, [civil rights] are constitutional rights and are included in a bill of rights or similar document. They are also defined in international human rights instruments, such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights.

Civil and political rights need not be codified to be protected, although most democracies worldwide do have formal written guarantees of civil and political rights. Civil rights are often considered to be natural rights. Thomas Jefferson wrote in his 1774 A Summary View of the Rights of British America that “a free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate.”

The first paragraph indicates civil rights are the product of government, which grants them through codification. The second states civil rights are not the product of government, but derived from the laws of nature. These claims cannot be simultaneously true, not if their object is the same.

In fact, they reference two different objects. Civil rights are granted by government. Inalienable rights are not.

As an example, consider the right to vote. Voting is a civil right, a product of government. One is not born with the inalienable right to cast a vote in an election. Elections and votes, and the entire process surrounding them, only come into existence as a result of government, which defines the eligibility requirements for voter registration. Citizenship is likewise a civil right which would not exist without a state to be a citizen of.

Inalienable rights are another matter altogether. There is no state-run rights depository from which one must obtain their ration of life, liberty, and an unhindered capacity to pursue happiness. These are characteristics intrinsic to the individual, a product of our nature, not any state.

What, then, is the proper relationship between the two? Why was the Civil Rights Act of 1964 entirely appropriate, the establishment of Obamacare inappropriate, and the equating of the two offensive? Civil rights are appropriate only to the extent they bolster and do no damage to inalienable rights. Blacks in much of America were routinely denied their inalienable rights to life, liberty, and the pursuit of happiness. In many cases, there was no recourse for justice, as rampantly racist communities produced judges, juries, and enforcers and crafters of law intent on maintaining a state of injustice. The inability of many to effectively self-govern, which is to say restrain themselves from violating the rights of others, brought upon them the external governance of the Civil Rights Act. Civil rights were crafted to secure inalienable rights. Though the positive effect was most apparent among blacks, the application was universal. The civil rights created at that time affected equal treatment under the law.

Compare that to something like a healthcare entitlement. When you grant an individual a “civil right” to a product or service which must be produced by another individual, the application of that right requires imposition upon the producer. The inalienable right of the producer to liberty, the capacity to act upon his own judgment, is adversely effected. Such a “right” is not a universal protection. It is redistributive thuggery.

This is why Clyburn’s comparison is deeply offensive. The Civil Rights Act of 1964 acted to bolster the inalienable rights of all citizens. It was an affirmative action in the true sense of the phrase, affirming the Jeffersonian political philosophy upon which our nation was founded. The passage of Obamacare is fundamentally opposite. Obamacare degrades liberty, impedes the pursuit of happiness, and may ultimately affect the capacity of many to freely act upon their own judgment toward the sustenance of their life.

Unfortunately, Clyburn’s inability to recognize this truth does not make him unique. It does, however, make him the “useful idiot” of his progressive masters. The argument an individual is entitled to healthcare is fundamentally no different than the argument a plantation owner is entitled to have his field worked. Both premises require one individual to produce for another. Both justify slavery. In their support of government-run healthcare, Obama and Clyburn have acted to impose that dreadful condition, not upon a single race, but the entire nation.

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11 Comments »

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  1. Outstanding and well articulated article explaining the difference between inalienable rights granted us by God and civil rights granted by government.

  2. Walter, this is an awesome article. I’m proud to call you an American.

  3. This is my response to this article if anyone chooses to look.
    http://ultimatesuperset.blogspot.com/2010/01/why-should-we-change-for-you.html

  4. I see you’ve deleted my response. I wonder why? Why is it when I mentioned autism I get censored?

    Here is my challege to you Mr. Hudson. I challenge you to rip apart what I say on my blog.

    • I’ve censored nothing from you. Your comment and link are clearly visible above.

      I assure you, there is nothing so profound or intellectually intimidating in your post that I feel inclined to censor you. If anything, it’s difficult to ascertain your meaning given sloppy composition and vague references. I asked a question for clarification, to which I received no answer. I therefore paid your post no further mind.

      If you want to tell me what ASD is, I will be happy to respond.

  5. ASD=Autistic Spectrum Disorder It’s possible your blog experienced a fluke when I answered.

    Will you please show me how my composition is sloppy and which references are vague? I may be using different usages to the same meanings of the words then you do and here is why.

    I have Asperger’s disorder and a possible Semantic Pragmatic Disorder.

    http://en.wikipedia.org/wiki/Asperger_syndrome
    http://en.wikipedia.org/wiki/Pragmatic_language_impairment

    If I came across as nasty when I came here will you please accept my apology?

    I’m going to give you some examples of where I have problems.

    The phrase “You’re entitled to nothing” and a sense of entitlement.

    How is it possible to be truly entitled to nothing. Am I entitled to refuse to commit murder? In this case, isn’t a sense of entitlement a good thing to have, hence my confusion.

    Or the phrase African American. THis phrase is vague. Why can’t a white person be born in Africa and be considered an African American since this person was born in and is from Africa.

    The problem is words can have many meanings and each meaning can have different usages. This is why I can’t function in society and I am at the point in which I want to leave. I want to be able to function and provide my own way but I am having major difficulties.

    I, actually, believe in God by the way. Will you read this by the way?
    http://ultimatesuperset.blogspot.com/2010/01/contradictions-and-god.html

    Finally, I thought you would be nasty towards me but you don’t seem like a bad guy. Will you look at my blog over all and help me out? http://ultimatesuperset.blogspot.com All I want is to resolve contradictions that I see in society today as well.

    • I see. Well, that’s certainly some useful context.

      One possible reason your previous comment did not appear could be the inclusion of multiple links such as above. Such posts are typically held as spam, as this one was, and I may have deleted it without looking at it.

      I will take another look at your blog and respond comprehensively when I have the time to do so. Right now, I do not. Perhaps later this week.

      In the meantime, let me speak to the two examples you have provided. My use of the word “entitlement” refers to the idea people are owed provision by society. Entitlement is distinguished from a right, which is not something you are owed but an intrinsic characteristic of your being which others are obligated to respect. With this understanding, your phrase “entitled to refuse to commit murder” makes little sense. You are not entitled to refrain from murder. You are obligated to, because it is an infringement upon the right of another to live.

      I agree with your observation regarding the term “African American.” For instance, I am considered by others to be African American. Yet I was born in Detroit, and would be more accurately described a native American. This is an example of popular semantics. These phrases do not mean what they plainly say, but what society understands them to mean. You know what somebody means when they say African American. It is therefore of little use to nitpick over the plain meaning of the words.

  6. Mr. Hudson

    I believe that provision means that you are provided something by society. I just thought of a problem with this. This means if entitlements were rights that means someone has to be forced by gunpoint to produce it for you. Life, liberty and pursuit of happiness does not require production from someone else. Am I correct?

    We have an autistic civil rights movement that is going on now. It supports a concept that there are different mind configurations and this concept is called Neurodiversity. We want to be able to have and keep jobs but we have problems getting and keeping them. We want to be accepted by society.

    I see a fundamental problem with the way we autistics are doing things. We’re trying to use the force of the law and the gun to make society change for us. We can’t do that. Even if we got a law that in place that required employers to hire us they would just find away around it. Here is why. Most people have certain beliefs which can’t be changed through the force of a gun.

    If we’re going to gain acceptance by employers and the rest of society I believe we have to attempt to change hearts and minds. This can’t be done through the force of a gun or through lawsuits. It has to be done through love, persuasion, logic and reason. We can’t change people’s mind from the outside in but the inside out. I think this is what Martin Luther King Jr. did. Personally, I think this is where civil rights movements go wrong.

    The question is how do I convince others like me of this? Before anything can change in society I have to attempt to change and convince them through persuasion, logic, love, and reason. We have a long way to go to be honest. How do I get them all to the right path?

    • You just have to keep making the argument. Your understanding of entitlement is right on.

      • I see a problem with my own article that I wrote. If it was implemented other people’s right could be violated. I am at some point going to write another article to present the other side of this coin. Both will contradict each other. I will write a 3rd article which resolves it and lays out a blue print in what we should do so neither sides rights are violated. Is this what Martin Luther King Jr did? Did he have to resolve contradictions like this? Could this be how he came up with his “I have a dream” speech? He wanted everyone to have their rights.


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