By Rachel Suh
A major underlying reason Americans are in conflict with one another in 2022 is due to “health”.
The term “health” has had many different definitions over the years. It has been tailored definitively to give government more power over individual lives.
As government officials change the definitions of words over time, which eventually — and in reality — turns into an unending list (have you seen how thick Black’s Law Dictionary is?) of amendments to our founding documents without actually following the legal amendment process, we have lost what was originally considered an Absolute Right to be secure in your person- the enjoyment of health.
While we continue reeling from the last two years, it is clear that health is on the forefront of everyone’s concerns, especially as the Health District and voices in the community chastise the Commissioners in Archuleta County for hearing constituent concerns.
However, health — even according to San Juan Basin Public Health — has not been properly defined, nor is the regulation of Health a Constitutional Power granted to the Government except under the 10th Amendment, which is restricted by the 14th and 4th Amendments and does not allow for violating inherent rights of individuals.
Our Constitution does not allow for the suspension of these Rights, no matter what the courts (who often work outside of the Constitution) have determined.
Is the regulation of health a 10th Amendment power of the States? Does this mean the State Government or The People, respectively?
First, we have to ask what kind of health can or will be regulated. Individual health? Like the right to choose medications? Medical procedures? Vaccines? Abortions?
Public health? Like making sure our water is clean? That we have access to medicine? That we track contagious diseases?
Civic health? What is best for the health of the individual is best for the town? Sacrifices from certain individuals are best for the health of the town?
Social health? What decides the best health for an individual? What decides the worthwhile sacrifices for the betterment of civic health?
Unfortunately, none of these definitions have been clearly defined, societally or legally, and are not explicitly discussed anywhere in our Founding Documents. As we continue through times of lockdowns, forced vaccinations, discrimination and separateness, we must realize a lack of transparency from government and other large actors is why we are in the midst of these discussions.
We do not have clear answers on the scope of health, on government involvement in health, or, worse, that the Constitution is largely silent on health and that all discussions from government fall outside of their powers to act towards civic or social health, or even individual health.
This is an amendment issue, not a statutory issue, as the Constitution’s 10th Amendment was not meant to give States complete and total power over individuals (this is a great place to mention that the Founders often used the terms “State” and “The People” interchangeably, including in the 10th Amendment).
Regardless of current issues arising from health conflicts — whether Roe v. Wade being overturned or Marijuana Cultivation Regulations being tabled here in Archuleta County due to protected fundamental patients rights — the real questions lie in these undefined terms that are wreaking havoc in our relationships, our medicine, and our laws.
Rachel Sunshine Suh has announced her candidacy for Archuleta County Commissioner, District 3.