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7/29/2019 Userdocs PublicDocs Universal Health Care Topic Analysis
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125 Watson Street, PO Box 38, Ripon, WI 54971-0038(920) 748-6206 www.nationalforensicleague.org
November/December Topic Analysis: Gabriel Bronshteyn
As we approach the 2012 Presidential election, several issues dominate our national consciousness. Since
President Obamas campaign in 2008, the idea of Universal Healthcare has been particularly important to
Americans. Many will judge his presidency with regards to the effectiveness of the landmark legislation
commonly termed Obama Care, while thinking hard about Romneys proposals to repeal and reform
the system. Given the circumstances of this election season, and the rather recent SCOTUS (Supreme
Court of the United States) decision about Obamas health care plan (to which I will devote a bit of time
to), this topic can hardly be any more relevant to you or your potential judges.
In terms of persuasion, it may be instructive to consider the actual impact the arguments you make on
the topic will have on your judge a strong narrative will be even more powerful on this health care
topic than with other more distant issues. Whatever consequences you may discuss, it is highly likely
whoever is judging you will be able to imagine them playing out in some way that affects them. Before
we discuss the application of your argumentation in too much depth, though, here are some fundamental
things you should start with in approaching this topic:
This may seem obvious, but I cant stress enough how important it is for a topic like this to take the time
to become acquainted with the issue. So many debates will surely be riddled with misconceptions and just
complete falsities about the American healthcare system and the SCOTUS decision. Your first job as a
debater on this topic needs to be generally educated on the issue every time your opponent claims
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that in our current system, people can just walk into a hospital and get treated without paying a dime,
youll know the problems with this assertion. That being said, lets look at some background.
Properly known as the Patient Protection and Affordable Care Act, this policy (passed back in March,
2010) is aimed at expanding the levels of coverage across the United States and the costs of
healthcare. Important parts of the legislation to consider include the mandate requiring insurance
companies to cover applicants with equal rates regardless of pre-existing conditions. According to the
CBO, this would lower future deficits and Medicare spending (though the true levels of cost-efficiency
can and should be argued with counter-evidence that is definitely floating around out there). The most
controversial part of Obamacare is the individual mandate, requiring anyone not covered by an
employer, Medicare, etc. to purchase an approved insurance policy (or pay a penalty). Subsidies for low-
income/poor individuals and small businesses offering insurance will be available, and Medicaid eligibility
will be expanded (meaning more people will be eligible for government funded insurance benefits).
This is the long form name of the landmark SCOTUS decision that upheld most provisions of the
PPACA/HCERA (Obamacare). The most controversial of all parts of the policy was the Individual Mandate
(you may recall pundits referring to the idea as one comparable to the government forcing everyone to
eat broccoli, just because it is good for you). Technicalities aside, the basis of the decision was to uphold
the Individual Mandate penalty as a within the Congressional taxation powers granted by the
constitution. Looking to the decision for arguments on the topic is difficult, unless you are planning to
run a constitutionality framework.
I would try to refrain, generally, from spending too much time discussing the current political discourse
on the subject of Obamacare. By that I mean quoting either Romney or Obama may not be the best
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strategy, really not even because of bias (though thats an issue), but because of how muddled what they
are saying has become. There is also the question of how relevant Obamacare itself is to the issue. Dont
take this to mean the arguments being made on both sides of the issue today by reputable sources
(economists, healthcare professionals, etc) are to be discounted, though. The fresher data will be a nice
addition to any case.
Theres a lot to consider here, and how you frame this resolution will be a huge determinant of how the
round plays out. Spending some time picking out an appropriate framework for this topic seems
particularly important for a good negative, considering the imbalance in arguments/literature on the
topic.
The inclusion of the actor (the U.S) in the resolution is very important for your arguments. The specificity
offers you the opportunity to discuss a specific policy decision, rather than only the general principle of
instituting universal healthcare. Good evidence that points to chances of effectiveness (or lack thereof)
of a universal healthcare system will be especially important and persuasive. It might also offer the
negative an interesting (and less abstract) way to persuasively negate the resolution, on grounds of
application of universal health care to the United States specifically, or how the policy would likely be
implemented.
Looks like were back to another ought topic after a year-long hiatus in the 2011-2012 season. Generally,
the most common definition of ought will be moral obligation. Under that interpretation, the
resolution is a question of whether or not the United States has the moral obligation to guarantee
universal health care to its citizens. Of course, this still begs the question of what constitutes a moral
obligation, and a good case/debater will answer that question within the Value/Value Criterion analysis.
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So, if you define ought as a moral obligation, and I suspect many of you will, it will be critical for you to
use your V/VC and argumentation to show two things:
a. What does it mean for the U.S to have a moral obligation? What moral obligations does the U.Shave, then?
b. How does guaranteeing universal health care fall under your idea of a moral obligation?We will discuss both of those questions in the argumentation section of the topic analysis. If youd like to
keep things simple, and possibly incline the debate towards a more consequentialist approach, you can
always define ought as should. This doesnt really help frame the debate, and largely begs the same
questions as moral obligation. How does the U.S decide what it should do? The use of the word
should definitely frames the debate towards the consequences of implementing a given policy, though a
moral obligation does not rule out this approach at all. Finally , you can define ought as logical
expectancy, as in The apple ought to fall from the tree. This is certainly the least common definition. I
suppose you could argue that all modern/democratic/liberal nations naturally move towards universal
health care, and so it would be logically expected that the United States does guarantee it, but this would
be a difficult case to pull off.
I think this is a rather clever choice of wording for the topic. A good affirmative debater can definitely
consider what it means to guarantee a service versus providing it. The argument can definitely be made
that the resolution is asking if the U.S ought to guarantee the option of government healthcare, rather
than just provide it outright. There are a lot of different ways you can twist this depending on what your
opponent is arguing, but its a strategic tool I would at least keep in your arsenal as part of a grander
defense against the negative.
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Torrey 1 defines Universal health care:
"Universal healthcare" or "universal coverage" refers to a scenario where
everyone is covered for basic healthcare services, and no one is denied care as
long as they are legal residents in the geography covered, such as all the
residents in the state of Massachusetts, or all the citizens in the country of
Canada.
This is a workable definition, and the whole notion seems pretty self-explanatory. The affirmative is free
to interpret the level to which the government is controlling the administration of health care (or at
least argue that you are free to do so) is necessary to meet that definition. For the sake of a less extreme
position, in this case, less is definitely more meaning that you may want to avoid arguing for the very
left side of the spectrum of socialized medicine. I take no issue with that particular position, and even s ee
a lot of merit there, but it may be smart to avoid a lot of negative complaints about government
intervention from the start.
This is very self-explanatory. The only reason Im commenting on this part of the resolution is because it
throws out the prospect of most debate regarding the problems of undocumented/illegal immigrants
using our health care system, though I guess the argument can be made on some level with regards to
their children.
The affirmative for this topic can be made incredibly persuasive. You have many things at your disposal,
including but not limited to: more evidence, more applicable frameworks, more applicable arguments,
better applicable arguments. I think it might be clear, then, that this is an AFF biased topic. Lets look at a
few ways of approaching an affirmative to the topic.
1Torrey, Trisha [Masters Degree in Education from Elmira College]. What is Universal Healthcare Coverage? Patient
Empowerment. 2008.
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The most obvious framework/set of arguments for the affirmative appears to follow
consequentialist/utilitarian ethics. The basis is simple. Going back to our discussion of a moral obligation,
you would argue that the United States has the moral obligation to promote the wellbeing of the
populace (a very reasonable argument to make), and that the only way to judge a policy like universal
health care is to estimate the consequences for the American public. This appeals to the most basic way
of thinking about an arguments impact, and you can argue that this reflects the way that the U.S
legislative body makes decisions. The arguments that follow from such a framework are both varied and
well supported. To begin with, its good to have an idea of how big of a problem we are addressing.
DeGrazia2writesthat:
American health care is a terrible mess. Over 46 million Americansabout
16 percent of the populationlack health insurance; millions more are
underinsured.
Clearly a lot is at stake here. The affirmative should argue that enacting universal health care will bring
about the best consequences for the United States. What kinds of consequences are there? How can I
frame these consequences? Both are good questions to answer. Obviously you cannot write a case that
lists the dozen or more possible positive consequences of enacting a true universal health care system. A
better approach would be, after going through arguments and evidence on the topic, to focus yourself
on a sort of theme that ties them together. A case entirely focused on life could be very different than a
case that focuses on rights, or economics, or whatever else you can dream up. Lets move on now to go
over the various arguments available to the consequentialist affirmative.
You may be thinking to yourself that the consequentialist argument for the affirmative is painfully
obvious. Universal health care = more people covered = more people healthy. Done! Right? Probably
not. Any good negative will not let you get away with making such assumptions, as with any topic, these
2DeGrazia, David [Professor of Philosophy, George Washington University]. "Single Payer Meets Managed Competition."
Hastings Center Report38.1 (2008): 23-33. Print.
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arguments really do need to be supported. If it were that easy or obvious, there may not be such
controversy over the issue here in the U.S, and it definitely wouldnt be a National Forensic League topic.
More people covered:
This part you can nearly assume. However, it would be very wise to find a quick piece of evidence that
predicts just how large of a gain in coverage rates we could foresee for Americans. Evidence will
definitely surface on the negative side regarding possible issues with private insurance companies that
could even lead to fewer people being covered, for one reason or another. That would be a very silly
way to lose the entire foundation to your argument, so come prepared.
More people healthy:
This can definitely not be assumed. Tons of evidence exists that suggests that the relative quality of
health care would decline significantly if we switch to a universal system. A very basic example: Chua3
writesthat:
Notice, however, that this piece of evidence merely shows the dangers of a large UNINSURED populace.
While it may seem obvious, then, that conditions would improve in the affirmative world, it would be key
to provide evidence supporting that claim. Otherwise, a negative debater can argue that even if mortality
rate decreases, it wont be by significant enough of a margin to warrant the vast changes/problems that a
universal system would create.
3Chua, Kao-Ping [Fellow at the American Medical Student Association]. "The Case for Universal Health Care." American
Medical Student Association(2008): n. pag. Print.
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There are many variances on this basic argument. You can argue about the importance of helping those
with pre-existing conditions. The idea is, before our semi-universal-ish system of Obamacare was put in
place, insurance companies discriminated against customers with pre-existing conditions. Oftentimes, even
those who could afford to pay for insurance were denied.Seshamani4writesthat:
Arecentnational survey estimated that 12.6 million non-elderly adults 36
percent of those who tried to purchase health insurance [in 2010] directly
fromaninsurancecompanyintheindividualinsurancemarketwere
infactdiscriminated against because of a pre-existing condition in theprevious three years.
You can (and should) also consider arguing about the moral necessity for guaranteeing universal health
care. There are many variant on this argument, so lets look at a few. First off, you can practically expect
the negative to discuss autonomy (we will explain this later) so a good argument on the affirmative to
preempt any discussion of lost freedom of choice is well explained by Menzel5:
Paradoxically,however,thisbeliefalsoformsanargumentfor
universalhealthinsurance:people need universal access to basic healthcare in order to maximize their ability to care for themselves. When people
are ill, individual liberty and personal responsibility are quickly
compromised. Even small disorders like mild depression or a bad back can
turn liberty and responsibility into dependency.
Another interesting avenue to take is to consider who gets insurance in modern America and why? A
compelling argument can be made that many people are stripped of the ability to protect their right to
life because of economic factors outside of their own control. In this way, they are pretty much
arbitrarily being stripped of that right which can actually inhibit their ability to progress economically. In
this way, you can appeal to the equality or rights based argument (depending on how you spin it), while
also providing an impact that shows how a cycle gets perpetuated in the negative world. The warrant for
this argument can be articulated in a different way, but you can also just layer it on top of the first
4Seshamani, Meena [Director of Policy Analysis at the Department of Human Health and Services]. "Coverage Denied: How
the Current Health Care System Leaves Millions Behind." U.S. Department of Human Health and Services(2010): Print.5
Menzel, Paul T. [Professor of Philosophy, Pacific Lutheran University], and Donald Light. "A Conservative Case for Universal
Access to Health Care." Hastings Center Report36.4 (2006): 36-45. Print.
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warrant. On top of issues of arbitrary rights deprivations due to economic factors, you can argue that,
because private insurance companies turn down those with pre-existing conditions, even those who can
afford health insurance may be arbitrarily deprived of the ability to protect their health. Keep in mind that
all of these different arguments can be brought together with various themes safety, rights, life, etc.
Your value criterion should reflect the theme you choose to tie together your case.
One other position that Id like to briefly look at is a bit more esoteric. This more philosophical approach
to the resolution is based on John Rawls Veil of Ignorance. The argument itself is rather simple, but is
rooted in deeper philosophy. Rawls devised the Veil of Ignorance as a heuristic device (an experience-
based approach to deriving philosophical conclusions) in order to decide what is the most moral option.
To see more on how he justified this as the preferable way of viewing Justice (ie. How you explain why
moral obligations are judged in this way) look to the Stanford Encyclopedia of Philosophys article. The
V.O.I is a veil that would blind people from any relevant biasing factors in their life, like social status,
economic status, or even physical/mental ability/status. He concludes that because humans are rational,
they would opt for the option that provides for the worst off, as well as the best off. In that way, you
can use the V.O.I to justify a universal approach to health care. Look into the philosophy more deeply if
you are interested, though.
The negative on this topic is a bit less appealing. The topic literature in general seems less inclined to
support a negative position, but there is a lot to work with. It will require more strategy and preparation
for a negative to adequately oppose a good affirmative, though. First and foremost, the negative debater
ought to make sure their opponent is not weaseling out of defending a particular advocacy. That doesnt
mean a specific policy, but rather a particular idea of how universal health care would be implemented, or
at least what it entails. Otherwise, affirmative debaters will likely claim that whatever problems you are
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discussing are only relevant to a particular administration of health care that they are not defending.
Watch out for this.
Perhaps the most common and most important argument on the negative side of the topic will be
focused on autonomy. There may be a few variants on how to articulate the argument, but the basic idea
is that the action of enacting universal health care would be a violation of autonomy. One way to argue
this is by claiming that a universal health care system will surely deprive people of the ability to choose
their own health provider, and even of the ability to have certain independence regarding what
treatment to obtain. This isnt really the strongest way to articulate the argument, though. A more
common version of the autonomy argument will involve discussion of taxation on two levels. The
most basic level is that this will necessitate an increase in taxes, and taxes violate autonomy. This argument
is rather weak, though because it can be easily argued that it would be unreasonable to stop the
government from taxing the people at all. The best articulation of the autonomy argument is one that
focuses on the fact that the healthy individuals of society will often have to pay the tab for those who
arent healthy an imbalanced system that arbitrarily deprives people of their autonomy for the benefit
of others. These arguments can be used on their own or in tandem, depending on your preference.
If running an autonomy case, make sure to really warrant why autonomy is central to the existence of
moral obligations to citizens of the United States. There are many ways to do this, but an important tie
connecting morality and autonomy is human rationality. You can make the argument that it is our
rationality that defines us, which means our ability to make choices and want certain outcomes is
dependent on our autonomy. In that sense, its arguable that the very source of our desire for life and
rights is rooted in our ability to have and exercise autonomy. You can also mention that the social
contract is entirely dependent on an autonomous choice to participate, showing how important that right
really is to the foundation of society. Make sure you have rehearsed or at least entirely understand how
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to articulate these arguments well and defend them, most prepared affirmatives will be ready to answer
the standard autonomy arguments this is necessarily a reason not to run them, but be prepared!
Other negative arguments are rather obvious, as well . You can definitely make the argument that a
universal health care system is inefficient, and thus will actually exacerbate the problems the affirmative
world addresses. This type of argumentation and evidence is important to collect and prepare regardless
of what you are running, because it will be effective in responding and turning most affirmative positions.
The case could have a similar framework to a standard affirmative case and go on to argue that universal
healthcare will actually make healthcare more expensive, less accessible, hurt the quality, etc. All of these
arguments are definitely supported by some evidence, and you can argue each logically. One can support
the arguments about accessibility and quality by discussing the economic merits of a competitive system
this is where it may be instructive to look at the thoughts of conservative economist Milton Friedman,
who would contend that economic markets operate in the most effective and efficient manner when left
unfettered. Such arguments will apply well for the health care topic, because a universal health care
system will arguably take away from the competitive market for insurance, or even remove it
completely, depending on what you can force the affirmative into defending. Libertarian and other
conservative economic literature will be useful, because it will argue that the competitive market forces
the development of cheaper and better treatment options, while a sort of government-run system will
be inefficient and prevent progress. This negative may also be effective if it includes a discussion of the
alternatives to the affirmative advocacy. A good article to look at if youre interested in the effectiveness
arguments is John Goodmans Health Care in a Free Society: Rebutting the Myths of National Health
Insurance from CATO.
A final topic to look at for the negative is the much-loved categorical imperative. This case would look to
Kants deontological framework for understanding morality particularly regarding the treatment of
humans as ends. If this sounds confusing or foreign, you can brush up on the philosophy by searching on
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Stanford Encyclopedia of Philosophy, or possibly avoiding the case position. Overall , though, its a rather
simple position to run, and is rather similar to the autonomy arguments that we made above. Simply put,
Kant argued that because humans are ends, morality requires that we use people as a means to
some other end. The very common application of this philosophy is the killing one to save one hundred
example but like I said, look to the S.E.P for more information before you run the position. You would
argue, then, that because health care would inevitably force wealthier and/or healthier individuals to pay
the tab for the worse off/sicker individuals of society, they are being used as a means to the end of
helping others. This is a little bit messy, so a good case on the subject will really define exactly where the
abuse is happening. I would suggest going the autonomy route with this logic, but this is an option if
youre interested in mixing things up.