...When Thomas Jefferson authored the Declaration of Independence, he changed the triology of prime inalienable rights of man from "life, liberty and property," as enunciated in the Magna Charta, to "life, liberty, and the pursuit of happiness."
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Thomas Jefferson included the health of a free people as a specific right in "our pursuit of happiness," when he said:
"Without health there is no happiness. An attention to health, then, should take the place of every other object."
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The health of the people was in the minds of our forefathers when they wrote the Preamble of the Constitution of the United States:"We the People of the United States, in Order to form a more perfect Union, * * * promote the general Welfare * * *."
The health of free people is forever present in the minds of free men.<snip>
Promotion and improvement of our people's health is a corresponding duty to our inalienable right to the "pursuit of happiness;" it is a fundamental obligation of governments, national, state [*573] and local, instituted among men to secure man's inalienable rights. The Congress of the United States and the state legislatures of the several states have in a multitude of ways established means to provide and care for the health of the people.
Our Presidents and Governors likewise have urged and executed laws for the improvement of public health.[4], [5], [6]. In the words of Mr. Chief Justice Warren in McGowan v. State of Maryland, 366 U.S. 420, 444-445, 81 S.Ct. 1101, 1115, 6 L.Ed. 2d 410 (1961):
"Throughout this century and longer, both the federal and state governments have oriented their activities very largely toward improvement of the health, safety, recreation and general well-being of our citizens."<snip>
Thus, we see that the concerted effort for renewal and expansion of hospital and medical care centers as a part of our nation's system of hospitals, is as a public service and use within the highest meaning of such terms.
Surely this is in accord with an objective of the United States Constitution: "* * * promote the general Welfare."
In the last half of the second decade of the twentieth century, it is far too late to deny that hospital service for the benefit of all the people, whoever they may be, is not a public service, and that the use of properties and facilities for health purposes is not a public use.
The overwhelming weight of history is to the contrary.