The following letter to the editor was printed in the Winchester Star on October 2, 2010 ObamaCare — and rights Measure’s supposed ‘strong points’ may prove ‘fatal flaws’ Dr. MARK J. BERG Passage of ObamaCare continues to stir heated debate. Proponents praise the law for dictating costs, providing accessible health care for all, and covering free preventative health services. But are these strong points, or fatal flaws? That answer depends upon one’s answer to the broader question: Do you believe an individual has inherent rights which no government may abridge; or, that an elite minority of “rulers” should decide who possesses what rights? If you believe the latter, then you prefer a centralized, authoritarian system. If you believe the former, then you embrace our republican form of government with individual liberty, free markets, and limited government — and thus our Constitution and our Founding Fathers’ vision. Our Constitution was established to protect against government abuse of our God- given rights. Our Declaration of Independence asserts “all men . . . are endowed by their Creator with certain unalienable Rights . . . Life, Liberty, and the pursuit of Happiness.” What do these rights entail? The right to liberty incorporates freedom from servitude — that is, the right to the fruits of one’s labor. If one must toil for the benefit of others, then he is certainly not free. The pursuit of happiness actually refers to the pursuit of property, including money. This right to property neither guarantees an individual a specific quantity, nor an amount of property equal to his neighbors. It does, however, encompass the right to keep the property he has earned. Consider the free preventative health services in ObamaCare. They are by no means “free.” No services ( or products) are free. Someone must always pay for them, either voluntarily or by coercion from some authoritarian entity. In a volunteer-based free health clinic, for example, physicians and nurses freely donate the value of services through their time and expertise. In a government- funded health clinic, money is taken from the taxpayers under threat of fine and/or imprisonment to pay the staff. In light of this, one readily understands that health care is inherently not a right. Were it a right, any individual would be able to demand health services and they could not be denied. If the individual chose not to pay, government would mandate that someone else do so. By compelling payment from one person to another, the government would clearly be denying the payer his God-given rights of liberty and pursuit of happiness. As Michael Badnarik states in his book “Good to be King: The Foundation of Our Constitutional Freedom,” “You do not have a right to other people’s property, not even when the government takes it away from them and gives it to you. That is the basis for socialism, and that is exactly what the Constitution is intended to prevent.” Too often, individuals avoid the difficult philosophical questions underlying a debate. They may follow an authoritarian agenda through their erroneous reinterpretation of rights. As with ObamaCare proponents, their message is clear: We want this outcome, we will declare it a right, and we will decide who wins and who loses. Dr. Mark J. Berg is a resident of Frederick County.