Medical Freedom Amendment - Freedom and Rights

Rights and Freedom under the Medical Freedom Amendment

     The Medical Freedom Amendment has two terms that are often used interchangeably, but they do have subtle distinctions. For that reason they are included in the wording of the Medical Freedom Amendment. The Amendment states, “the right of medical choice” and “the freedom of medical choice”.
      A right is a legally or morally granted entitlement that imposes an obligation on others to either do something or refrain from doing something. It is enforceable by law, and if violated, the law provides remedies or protections. A specific right involves active duties or prohibitions on the governments and other legal entities, such as courts.
      For example, a fair trial means the government and courts must ensure a person receives a fair judicial process. In the Medical Freedom Amendment, “the right to medical choice” means that governments must protect a person’s medical choice regardless of what it is. This is an active duty required of the government in all its forms to ensure the right is upheld.
     Rights can be positive involving a duty to provide something. It can also be negative imposing a duty on others to refrain from interfering as in the case of the Medical Freedom Amendment.
     Freedom typically refers to the absence of constraints or restrictions. It's the liberty to act without interference or restriction from the government or others. Freedom is broad and focuses on what a person is allowed to do, are entitled to receive, or how others must behave towards you. Freedom allows you to exercise autonomy in certain areas of your life without interference or barriers and it does so without imposing obligations on others.
     For example, Freedom of speech means you are free to express your opinions without censorship or restraint, subject to legal limits. Often the example of limitation of speech is if someone screams fire in a theater to panic people when there is no fire present. Freedom is a guaranteed specific freedom and becomes balanced with collective rights.
     This collective right in the Medical Freedom Amendment may mean quarantine or hospitalization for public safety. Here we have the necessity of courts balancing competing rights and freedoms, especially when the exercise of one person’s freedom might infringe on another’s right. In other words body autonomy puts another person at risk to become sick.
     The Medical Freedom Amendment makes allowance for these special situations to protect public health and ensures that such actions must meet certain criteria to also protect a person’s freedom of autonomy. In this case, the Medical Freedom Amendment states the need for “individual and specific judicial warrant supported by Oath and affirmation of necessary cause to protect Society from Harm describing the Individual's condition and danger it presents."
     Warrants can be issued for many things. For example, a Bench Warrant for speeding can be made only for the person speeding, not for everyone driving a car. Making sure the warrant is both specific and individual means no warrant can be made in general or for a group or a community.
     The warrant can only be made for an individual and there must be proven danger and cause to the court. This is an important protection from court warrants. If a mandate is issued it cannot be for everyone, only for a specific individual with proven causes of danger and harm.
     In any medical situation there are so many variables that public health policy may be beneficial for one person and detrimental to another. In every case people need to be treated as individuals and not as statistics. Historically we have seen where such public policies became draconian and abusive resulting in unnecessary harm to others.
     Once again here is the Medical Freedom Amendment:
     "All people have the Right to secure their Health in the manner they choose. Congress, the President, State Legislatures and Executives, Governmental Agencies or Departments shall make no law, rule, regulation, countermeasure, executive, emergency order, or enter into any treaty or international agreement that impedes the Individual's rights to informed consent nor right to medical choice nor freedom of medical choice. The treaty provision of Article VI of this Constitution shall not apply in any way to this amendment.
     Nor shall the President, Congress, State Legislatures and Executives, Governmental Agencies or Departments make any law, rule, regulation, countermeasure, executive, emergency order, or enter into any treaty or international agreement that impedes the Individual's right to medical privacy and freedom without individual and specific judicial warrant supported by Oath and affirmation of necessary cause to protect Society from Harm describing the Individual's condition and danger it presents."
      Here's the help you need to make it happen.
   Support the National Health Federation’s Medical Freedom Amendment Campaign  to connect with your legislators and aid the lobbying of the NHF. The time is NOW!
-Michael LeVesque-