Question:
Cloning violates human dignity

Reproductive cloning is contrary to human dignity. ‘Donum Vitae’, the declaration of the Catholic church in relation to the new reproductive technologies, holds that procreation outside the conjugal union is morally wrong. [1] Many secular organisations, such as the WHO [2] and UNESCO [3] have issued statements that similarly find cloning violates human dignity. Assisted reproductive technologies might all be seen as challenges to human dignity, including IVF and sperm donation. However, human cloning is a completely artificial form of reproduction, which leaves no trace of the dignity of human procreation.

[1] Cardinal Ratzinger, Joseph, ‘Instruction on Respect for Human Life in its Origin and on the Dignity of Procreation Replies to Certain Questions of the Day’, Congregation for the Doctrine of the Faith, http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_...

[2] Brock, Dan W., ‘Cloning Human Beings’, e-3, http://bioethics.georgetown.edu/nbac/pubs/cloning2/cc5.pdf

[3] The Universal Declaration on the Human Genome and Human Rights’, UNESCO 29th General Conference, 11 November 1997, http://www.unesco.org/new/en/social-and-human-sciences/themes/bioethics/...

When people resort to talking in wholly empty abstract terms about ‘human dignity’ you can be sure that they have no evidence or arguments to back up their position. It is difficult to understand why the act of sexual intercourse that leads to sexual procreation is any more ‘dignified’ or respectable than a reasoned decision by an adult to have a child, that is assisted by modern science. The thousands of children given life through IVF therapy do not suffer a lack of dignity as a consequence of their method of procreation. The Catholic church regards every embryo from the moment of existence as a living person. This position is not shared by most Western governments, and it would deny not only cloning, but IVF and all the medical knowledge and benefits that have accrued from embryo research.

Reducing funds is an unfortunate, although necessary, mechanism for pressurising the political elite to legalise homosexuality. Africa’s democracies, such as Nigeria, have to be sensitive to the needs of their citizens. Even dictatorships have to maintain a grasp on the people’s will. Once the African population starts to feel the impact of reduced aid, the only viable way to remedy the situation will be to re-legislate on the same-sex issue.

Foreign aid struggles to reach those who need it the most anyway, with corruption in the Ugandan government (and the disappearance of £1.3 million) causing the UK to cut aid to Uganda in 2012 [1] . The funding itself is then redirected away from African governments, but will reach those who need it the most through non-governmental organisations which will negate the suffering predicted by critics [2] .

[1] BBC ‘UK cuts aid to Ugandan government’ 16/11/2012

[2] Gray,S. ‘Minister confirms UK will redirect aid, not cut it, for human rights violations’ Pink News 22/11/2011

There is no evidence that limiting access to healthcare would act as a deterrent. In fact, in the developing world, where a smoker would on average have worse access to healthcare, tobacco consumption has increased significantly over the last decade.1 Furthermore, governments have indeed acted to discourage smoking through a variety of methods. These have included advertising campaigns and banning smoking in public places and they seem to have worked. Cigarette use in the developed world has declined over the last 50 years. In the UK, smoking rates have dropped by half between 1974 and 2009, from 45% down to 21%2. A majority 59% have never taken up the habit3. 1 World Health Organization, The Tobacco Atlas, 2 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011. 3 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011.

Legalization of cannabis would make it easier for scientific studies to take place, thereby providing a more accurate picture of the physical, psychological, spiritual and sociological effects of the drug. Just as the lift of the taboo on discussions of a sexual nature in schools around the world has resulted in people being more informed as to the dangers of unprotected sex, so would the increased availability and accuracy of scientific data on cannabis serve to reduce the ratio of abuse to responsible use.

If coca cultivation were legalized, there would probably be mechanisms and policies to allow the plant and its derivatives to co-exist without this necessarily signifying an increase in harmful consumption, and to limit it being grown in the huge amounts needed for cocaine production. [1] The legalizing of coca cultivation for non-cocaine use could also undermine the supply basis of cocaine itself, as farmer would shift their production of coca from cocaine-purposed coca to open market coca production, as legal production would be much more secure from government action. Therefore legalizing coca production could actually help make cocaine less readily available.

[1] Transnational Institute Debate Papers. “Coca yes, cocaine, no?”. Transnational Institute. No. 2006/2. No. 13. May 2006. http://www.kdrink.com/fitxers/debate13.pdf

Our children are sexually active. They are making decisions that can affect the rest of their lives. They should be able to choose responsibly and be well-informed about the likely outcomes. They should know about sources of free or cheap contraception, who to turn to when pregnant or if they suspect they have a venereal disease, how to use contraception to avoid both, and, contrary to the impression of abolitionists, they should be told the benefits of abstinence. How can you tell people about that if you refuse to discuss sex? How can you imagine they will take you seriously if you turn a blind eye to something so many of their peers are doing?

They need an external source of support to resist peer pressure, and have sex later rather than sooner: lamentably, it is presumed amongst many young people that having unprotected sex with many partners at an early age is the norm and they encourage others to do it (and attempt to humiliate those that don’t). We need mechanisms to support those that want to resist that pressure: sex education is such a mechanism. Sex education is part of a package of provisions needed to help our teenagers avoid the terrible pitfalls of unwanted pregnancy and venereal disease. This problem is here – pretending that it isn’t won’t make it go away. How else do opponents of sex education propose to deal with the huge problems of STDs and teen pregnancy? Effective and widely supported sex education programs can achieve real results. For example, in the Netherlands, amongst people having intercourse for the first time, 85% used contraception – compared to 50% in the UK.

In any single law, that prohibits substances there is going to be the danger of a black market. In Canada, a black market for alcohol developed despite the legal status of alcohol (it was due to high taxation). The Association of Canadian Distillers actually estimated that 25 % of all spirits in Ontario are consumed illegally (without paying taxes). [1]

The problem therefore is not going to lay in the ban itself, but in the enforcement of legislation and thorough control of the markets.

[1] Mackenzie Institute, Prohibition’s Hangover – Ontario’s Black Market and Alcohol, http://www.mackenzieinstitute.com/1997/1997_10_Sex_Alcohol.html , accessed 08/17/2011

If a parent gives into pressure from a young child so easily, even when she knows it’s the wrong thing to do, then she has bigger parenting problems to worry about than the presence of toys in fast food meals. The government cannot possibly step in to eliminate all temptations and negative influences on children’s choices. Parents need to be firm and provide their kids with the guidance necessary to choose what is best.

Of course there is no such thing as a silver bullet solution to a problem as complex as childhood obesity. This ban would need to be part of a bigger push to regulate the fast food industry’s marketing to children and to provide kids and parents with better choices and information. That doesn’t mean the ban has no merit or that it would not play a beneficial role in the fight against obesity.

This leads to patients requesting drugs they do not need and in many cases are even harmful to them.

The prescription drugs are very different from freely available drugs. They often treat serious diseases, and so advertising those should target mainly people that are very ill and especially vulnerable. On the other hand, with direct-to-consumer advertising, many people who do not have a serious disease become convinced that they need the prescription drug, because the advertisements scare them.

Because of such advertisement, in the U.S. there was a rapid widespread exposure to dangerous drugs before risks were fully recognized, as with troglitazone (Rezulin) for diabetes and cisapride (Propulsid) for nighttime heartburn. Causing people to become more ill instead of healthier, because this leads to a higher “self-diagnosing”. [1]

[1] Health Information Action, Direct-to-Consumer Prescription Drug Advertising The European Commission’s Proposals for Legislative Change, September 2011, http://www.haiweb.org/campaign/DTCA/BMintzes_en.pdf , accessed 08/07/2011

Many things that can be dangerous are legal, from drugs such as alcohol, to activities such as skydiving, or even rugby. However, millions of people are able to drink or play sports without harming themselves or society. It would seem draconian and extremely paternalistic for the government to ban everything that has the potential to be dangerous; instead, they should educate people about the dangers, but trust them to make decisions about their own lives.

The State has no authority to force its own morality on the general populace unless these drugs can be proven to harm others. The State is the facilitator of the voters’ desires in a democracy. So, a State enforced, morality goes against the obligations of the State to its people.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Clones will still be individuals

There is much more danger of eugenics associated with developments in gene therapy and genetic testing and screening, rather than human cloning. The notion of clones of Hitler is frankly preposterous. Psychologists have shown that nurture is at least as important as genes in determining personality. It would be impossible to produce another Hitler, or Elvis, or whomever, by cloning or any other ART. Clones (people with identical genes) would by no means be identical in every respect. You only need to look at identical twins (who are genetic clones of each other) to see how wrong that assumption is, and how different the personalities, preferences, and skills of people with identical genes can be. [1] The idea of breeding huge fighting forces is also confined to the realm of science fiction. The necessity of thousands of willing mothers, the nine month gestation process, and the many years rearing this child towards adulthood, means that cloning would hardly be an efficient technique for any mad dictator to raise an army. And there is no reason, in any case, to suppose that a clone would be any more willing or effective a soldier than any other human being - clones (like twins) are just as conscious and free as everyone else.

[1] Harris, John, ‘”Goodbye Dolly” The ethics of human cloning’, Journal of Medical Ethics, Vol. 23, 1997, pp.353-360, http://jme.bmj.com/content/23/6/353.full.pdf

Cloning will lead to eugenics, or the artificial manipulation and control of the characteristics of people. An American geneticist, Dr. Dan Brock, has already identified a trend towards ‘new and benign eugenics’ that is perpetrated by developments in biotechnology. This can particularly be seen on a small scale with ‘designer babies’. [1] When people are able to clone themselves they will be able to choose which type of person shall be born. This seems uncomfortably close to the Nazi concept of breeding a race of Aryan superhumans, whilst eliminating those individuals whose characteristics they considered unhealthy. The ‘Boys from Brazil’ scenario of clones of Hitler, the baby farms of ‘Brave New World’, or even the cloning or armies of identical and disposable soldiers, might soon be a very real prospect.

[1] BBC News, Designer baby row over US clinic, published 03/02/2009, http://news.bbc.co.uk/2/hi/7918296.stm , accessed 08/22/2011

Reducing funds is an unfortunate, although necessary, mechanism for pressurising the political elite to legalise homosexuality. Africa’s democracies, such as Nigeria, have to be sensitive to the needs of their citizens. Even dictatorships have to maintain a grasp on the people’s will. Once the African population starts to feel the impact of reduced aid, the only viable way to remedy the situation will be to re-legislate on the same-sex issue.

Foreign aid struggles to reach those who need it the most anyway, with corruption in the Ugandan government (and the disappearance of £1.3 million) causing the UK to cut aid to Uganda in 2012 [1] . The funding itself is then redirected away from African governments, but will reach those who need it the most through non-governmental organisations which will negate the suffering predicted by critics [2] .

[1] BBC ‘UK cuts aid to Ugandan government’ 16/11/2012

[2] Gray,S. ‘Minister confirms UK will redirect aid, not cut it, for human rights violations’ Pink News 22/11/2011

There is no evidence that limiting access to healthcare would act as a deterrent. In fact, in the developing world, where a smoker would on average have worse access to healthcare, tobacco consumption has increased significantly over the last decade.1 Furthermore, governments have indeed acted to discourage smoking through a variety of methods. These have included advertising campaigns and banning smoking in public places and they seem to have worked. Cigarette use in the developed world has declined over the last 50 years. In the UK, smoking rates have dropped by half between 1974 and 2009, from 45% down to 21%2. A majority 59% have never taken up the habit3. 1 World Health Organization, The Tobacco Atlas, 2 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011. 3 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011.

Legalization of cannabis would make it easier for scientific studies to take place, thereby providing a more accurate picture of the physical, psychological, spiritual and sociological effects of the drug. Just as the lift of the taboo on discussions of a sexual nature in schools around the world has resulted in people being more informed as to the dangers of unprotected sex, so would the increased availability and accuracy of scientific data on cannabis serve to reduce the ratio of abuse to responsible use.

If coca cultivation were legalized, there would probably be mechanisms and policies to allow the plant and its derivatives to co-exist without this necessarily signifying an increase in harmful consumption, and to limit it being grown in the huge amounts needed for cocaine production. [1] The legalizing of coca cultivation for non-cocaine use could also undermine the supply basis of cocaine itself, as farmer would shift their production of coca from cocaine-purposed coca to open market coca production, as legal production would be much more secure from government action. Therefore legalizing coca production could actually help make cocaine less readily available.

[1] Transnational Institute Debate Papers. “Coca yes, cocaine, no?”. Transnational Institute. No. 2006/2. No. 13. May 2006. http://www.kdrink.com/fitxers/debate13.pdf

Our children are sexually active. They are making decisions that can affect the rest of their lives. They should be able to choose responsibly and be well-informed about the likely outcomes. They should know about sources of free or cheap contraception, who to turn to when pregnant or if they suspect they have a venereal disease, how to use contraception to avoid both, and, contrary to the impression of abolitionists, they should be told the benefits of abstinence. How can you tell people about that if you refuse to discuss sex? How can you imagine they will take you seriously if you turn a blind eye to something so many of their peers are doing?

They need an external source of support to resist peer pressure, and have sex later rather than sooner: lamentably, it is presumed amongst many young people that having unprotected sex with many partners at an early age is the norm and they encourage others to do it (and attempt to humiliate those that don’t). We need mechanisms to support those that want to resist that pressure: sex education is such a mechanism. Sex education is part of a package of provisions needed to help our teenagers avoid the terrible pitfalls of unwanted pregnancy and venereal disease. This problem is here – pretending that it isn’t won’t make it go away. How else do opponents of sex education propose to deal with the huge problems of STDs and teen pregnancy? Effective and widely supported sex education programs can achieve real results. For example, in the Netherlands, amongst people having intercourse for the first time, 85% used contraception – compared to 50% in the UK.

In any single law, that prohibits substances there is going to be the danger of a black market. In Canada, a black market for alcohol developed despite the legal status of alcohol (it was due to high taxation). The Association of Canadian Distillers actually estimated that 25 % of all spirits in Ontario are consumed illegally (without paying taxes). [1]

The problem therefore is not going to lay in the ban itself, but in the enforcement of legislation and thorough control of the markets.

[1] Mackenzie Institute, Prohibition’s Hangover – Ontario’s Black Market and Alcohol, http://www.mackenzieinstitute.com/1997/1997_10_Sex_Alcohol.html , accessed 08/17/2011

If a parent gives into pressure from a young child so easily, even when she knows it’s the wrong thing to do, then she has bigger parenting problems to worry about than the presence of toys in fast food meals. The government cannot possibly step in to eliminate all temptations and negative influences on children’s choices. Parents need to be firm and provide their kids with the guidance necessary to choose what is best.

Of course there is no such thing as a silver bullet solution to a problem as complex as childhood obesity. This ban would need to be part of a bigger push to regulate the fast food industry’s marketing to children and to provide kids and parents with better choices and information. That doesn’t mean the ban has no merit or that it would not play a beneficial role in the fight against obesity.

This leads to patients requesting drugs they do not need and in many cases are even harmful to them.

The prescription drugs are very different from freely available drugs. They often treat serious diseases, and so advertising those should target mainly people that are very ill and especially vulnerable. On the other hand, with direct-to-consumer advertising, many people who do not have a serious disease become convinced that they need the prescription drug, because the advertisements scare them.

Because of such advertisement, in the U.S. there was a rapid widespread exposure to dangerous drugs before risks were fully recognized, as with troglitazone (Rezulin) for diabetes and cisapride (Propulsid) for nighttime heartburn. Causing people to become more ill instead of healthier, because this leads to a higher “self-diagnosing”. [1]

[1] Health Information Action, Direct-to-Consumer Prescription Drug Advertising The European Commission’s Proposals for Legislative Change, September 2011, http://www.haiweb.org/campaign/DTCA/BMintzes_en.pdf , accessed 08/07/2011

Many things that can be dangerous are legal, from drugs such as alcohol, to activities such as skydiving, or even rugby. However, millions of people are able to drink or play sports without harming themselves or society. It would seem draconian and extremely paternalistic for the government to ban everything that has the potential to be dangerous; instead, they should educate people about the dangers, but trust them to make decisions about their own lives.

The State has no authority to force its own morality on the general populace unless these drugs can be proven to harm others. The State is the facilitator of the voters’ desires in a democracy. So, a State enforced, morality goes against the obligations of the State to its people.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Will allow the elimination of diseases

Cloning is unlikely to be widespread so any dangers from any reduction in the diversity of the human gene pool will be so limited as to be virtually non-existent. The expense and time necessary for successful human cloning should mean that it will only be used to the benefit of the small minority of people who require the technology. The pleasure of procreation through sexual intercourse does not suggest that whole populations will prefer to reproduce asexually through cloning. The only significant lack of diversity which can be expected will be in women who suffer from a severe mitochondrial disease. They will be able to use cloning by nuclear transfer in order to avoid passing on the disease which is carried in their egg cells to any offspring. This elimination of harmful genetic traits from the gene pool is no different from the eradication of infectious disease, such as small pox, and should be welcomed. So against these very marginal worries there is potentially great good to be done through cloning. Currently already we have IVF and genetic screening which can prevent that babies with certain diseases are born. In 2000 the baby Adam Nash was born, genetically manipulated through IVF, as a genetic fit to cure his sister Molly from Fanconi anemia. [1] While this was not cloning it gives an idea what cloning could possibly cure. It could be a way of curing siblings from chronic diseases and also ensuring that the transplants (for example) will not be rejected due to genetic differences.

[1] BBC News, ‘Designer baby’ ethics fear, published 10/04/2000, http://news.bbc.co.uk/2/hi/health/955644.stm , accessed 08/20/2011

Cloning will lead to a lack of diversity amongst the human population as it is creating genetic copies rather than increasing diversity by mixing genes. [1] The natural process of evolution will be halted, and as such humankind will be denied development, and may be rendered more susceptible to disease.

[1] ThinkQuest, Disadvantages of human cloning, http://library.thinkquest.org/C0122429/ethics/disadvantages.htm , accessed 08/20/2011

Reducing funds is an unfortunate, although necessary, mechanism for pressurising the political elite to legalise homosexuality. Africa’s democracies, such as Nigeria, have to be sensitive to the needs of their citizens. Even dictatorships have to maintain a grasp on the people’s will. Once the African population starts to feel the impact of reduced aid, the only viable way to remedy the situation will be to re-legislate on the same-sex issue.

Foreign aid struggles to reach those who need it the most anyway, with corruption in the Ugandan government (and the disappearance of £1.3 million) causing the UK to cut aid to Uganda in 2012 [1] . The funding itself is then redirected away from African governments, but will reach those who need it the most through non-governmental organisations which will negate the suffering predicted by critics [2] .

[1] BBC ‘UK cuts aid to Ugandan government’ 16/11/2012

[2] Gray,S. ‘Minister confirms UK will redirect aid, not cut it, for human rights violations’ Pink News 22/11/2011

There is no evidence that limiting access to healthcare would act as a deterrent. In fact, in the developing world, where a smoker would on average have worse access to healthcare, tobacco consumption has increased significantly over the last decade.1 Furthermore, governments have indeed acted to discourage smoking through a variety of methods. These have included advertising campaigns and banning smoking in public places and they seem to have worked. Cigarette use in the developed world has declined over the last 50 years. In the UK, smoking rates have dropped by half between 1974 and 2009, from 45% down to 21%2. A majority 59% have never taken up the habit3. 1 World Health Organization, The Tobacco Atlas, 2 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011. 3 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011.

Legalization of cannabis would make it easier for scientific studies to take place, thereby providing a more accurate picture of the physical, psychological, spiritual and sociological effects of the drug. Just as the lift of the taboo on discussions of a sexual nature in schools around the world has resulted in people being more informed as to the dangers of unprotected sex, so would the increased availability and accuracy of scientific data on cannabis serve to reduce the ratio of abuse to responsible use.

If coca cultivation were legalized, there would probably be mechanisms and policies to allow the plant and its derivatives to co-exist without this necessarily signifying an increase in harmful consumption, and to limit it being grown in the huge amounts needed for cocaine production. [1] The legalizing of coca cultivation for non-cocaine use could also undermine the supply basis of cocaine itself, as farmer would shift their production of coca from cocaine-purposed coca to open market coca production, as legal production would be much more secure from government action. Therefore legalizing coca production could actually help make cocaine less readily available.

[1] Transnational Institute Debate Papers. “Coca yes, cocaine, no?”. Transnational Institute. No. 2006/2. No. 13. May 2006. http://www.kdrink.com/fitxers/debate13.pdf

Our children are sexually active. They are making decisions that can affect the rest of their lives. They should be able to choose responsibly and be well-informed about the likely outcomes. They should know about sources of free or cheap contraception, who to turn to when pregnant or if they suspect they have a venereal disease, how to use contraception to avoid both, and, contrary to the impression of abolitionists, they should be told the benefits of abstinence. How can you tell people about that if you refuse to discuss sex? How can you imagine they will take you seriously if you turn a blind eye to something so many of their peers are doing?

They need an external source of support to resist peer pressure, and have sex later rather than sooner: lamentably, it is presumed amongst many young people that having unprotected sex with many partners at an early age is the norm and they encourage others to do it (and attempt to humiliate those that don’t). We need mechanisms to support those that want to resist that pressure: sex education is such a mechanism. Sex education is part of a package of provisions needed to help our teenagers avoid the terrible pitfalls of unwanted pregnancy and venereal disease. This problem is here – pretending that it isn’t won’t make it go away. How else do opponents of sex education propose to deal with the huge problems of STDs and teen pregnancy? Effective and widely supported sex education programs can achieve real results. For example, in the Netherlands, amongst people having intercourse for the first time, 85% used contraception – compared to 50% in the UK.

In any single law, that prohibits substances there is going to be the danger of a black market. In Canada, a black market for alcohol developed despite the legal status of alcohol (it was due to high taxation). The Association of Canadian Distillers actually estimated that 25 % of all spirits in Ontario are consumed illegally (without paying taxes). [1]

The problem therefore is not going to lay in the ban itself, but in the enforcement of legislation and thorough control of the markets.

[1] Mackenzie Institute, Prohibition’s Hangover – Ontario’s Black Market and Alcohol, http://www.mackenzieinstitute.com/1997/1997_10_Sex_Alcohol.html , accessed 08/17/2011

If a parent gives into pressure from a young child so easily, even when she knows it’s the wrong thing to do, then she has bigger parenting problems to worry about than the presence of toys in fast food meals. The government cannot possibly step in to eliminate all temptations and negative influences on children’s choices. Parents need to be firm and provide their kids with the guidance necessary to choose what is best.

Of course there is no such thing as a silver bullet solution to a problem as complex as childhood obesity. This ban would need to be part of a bigger push to regulate the fast food industry’s marketing to children and to provide kids and parents with better choices and information. That doesn’t mean the ban has no merit or that it would not play a beneficial role in the fight against obesity.

This leads to patients requesting drugs they do not need and in many cases are even harmful to them.

The prescription drugs are very different from freely available drugs. They often treat serious diseases, and so advertising those should target mainly people that are very ill and especially vulnerable. On the other hand, with direct-to-consumer advertising, many people who do not have a serious disease become convinced that they need the prescription drug, because the advertisements scare them.

Because of such advertisement, in the U.S. there was a rapid widespread exposure to dangerous drugs before risks were fully recognized, as with troglitazone (Rezulin) for diabetes and cisapride (Propulsid) for nighttime heartburn. Causing people to become more ill instead of healthier, because this leads to a higher “self-diagnosing”. [1]

[1] Health Information Action, Direct-to-Consumer Prescription Drug Advertising The European Commission’s Proposals for Legislative Change, September 2011, http://www.haiweb.org/campaign/DTCA/BMintzes_en.pdf , accessed 08/07/2011

Many things that can be dangerous are legal, from drugs such as alcohol, to activities such as skydiving, or even rugby. However, millions of people are able to drink or play sports without harming themselves or society. It would seem draconian and extremely paternalistic for the government to ban everything that has the potential to be dangerous; instead, they should educate people about the dangers, but trust them to make decisions about their own lives.

The State has no authority to force its own morality on the general populace unless these drugs can be proven to harm others. The State is the facilitator of the voters’ desires in a democracy. So, a State enforced, morality goes against the obligations of the State to its people.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Cloning should be allowed for those who can’t otherwise have a child

The desire to have one’s own child and to nurture it is wholly natural. The longing for a child genetically related to oneself existed long before biotechnology, but it is only recently that medicine has been able to satisfy it. In vitro fertilisation remains an imperfect technology. Couples typically submit to four cycles of costly treatment before producing a child as the chances of having a child can be as low as 10%. [1] Evidently, the technique does not assist homosexual couples, couples where both partners lack gametes, or where the female partner suffers from a mitochondrial disease. Cloning would allow a child to be born to all these couples.

[1] Wildsen S., Human Cloning – role of the scientist, West Virginia University, http://www.as.wvu.edu/~kgarbutt/EvolutionPage/Studentsites/cloningpage/PROS2.html , accessed 08/20/2011

Human reproductive cloning is unnecessary. The development of in vitro fertilisation and the practice of sperm donation allows heterosexual couples to reproduce where one partner is sterile. Moreover, merely 300 babies are adopted each year in the United Kingdom. [1] It might be better for potential parents to give their love to existing babies rather than attempt to bring their own offspring into an already crowded world.

[1] Thompson, Joanna, ‘Is Adoption A Better Way’, CARE Centres Network, http://www.ukadoption.com/great-britain/is-adoption-a-better-way.html

Reducing funds is an unfortunate, although necessary, mechanism for pressurising the political elite to legalise homosexuality. Africa’s democracies, such as Nigeria, have to be sensitive to the needs of their citizens. Even dictatorships have to maintain a grasp on the people’s will. Once the African population starts to feel the impact of reduced aid, the only viable way to remedy the situation will be to re-legislate on the same-sex issue.

Foreign aid struggles to reach those who need it the most anyway, with corruption in the Ugandan government (and the disappearance of £1.3 million) causing the UK to cut aid to Uganda in 2012 [1] . The funding itself is then redirected away from African governments, but will reach those who need it the most through non-governmental organisations which will negate the suffering predicted by critics [2] .

[1] BBC ‘UK cuts aid to Ugandan government’ 16/11/2012

[2] Gray,S. ‘Minister confirms UK will redirect aid, not cut it, for human rights violations’ Pink News 22/11/2011

There is no evidence that limiting access to healthcare would act as a deterrent. In fact, in the developing world, where a smoker would on average have worse access to healthcare, tobacco consumption has increased significantly over the last decade.1 Furthermore, governments have indeed acted to discourage smoking through a variety of methods. These have included advertising campaigns and banning smoking in public places and they seem to have worked. Cigarette use in the developed world has declined over the last 50 years. In the UK, smoking rates have dropped by half between 1974 and 2009, from 45% down to 21%2. A majority 59% have never taken up the habit3. 1 World Health Organization, The Tobacco Atlas, 2 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011. 3 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011.

Legalization of cannabis would make it easier for scientific studies to take place, thereby providing a more accurate picture of the physical, psychological, spiritual and sociological effects of the drug. Just as the lift of the taboo on discussions of a sexual nature in schools around the world has resulted in people being more informed as to the dangers of unprotected sex, so would the increased availability and accuracy of scientific data on cannabis serve to reduce the ratio of abuse to responsible use.

If coca cultivation were legalized, there would probably be mechanisms and policies to allow the plant and its derivatives to co-exist without this necessarily signifying an increase in harmful consumption, and to limit it being grown in the huge amounts needed for cocaine production. [1] The legalizing of coca cultivation for non-cocaine use could also undermine the supply basis of cocaine itself, as farmer would shift their production of coca from cocaine-purposed coca to open market coca production, as legal production would be much more secure from government action. Therefore legalizing coca production could actually help make cocaine less readily available.

[1] Transnational Institute Debate Papers. “Coca yes, cocaine, no?”. Transnational Institute. No. 2006/2. No. 13. May 2006. http://www.kdrink.com/fitxers/debate13.pdf

Our children are sexually active. They are making decisions that can affect the rest of their lives. They should be able to choose responsibly and be well-informed about the likely outcomes. They should know about sources of free or cheap contraception, who to turn to when pregnant or if they suspect they have a venereal disease, how to use contraception to avoid both, and, contrary to the impression of abolitionists, they should be told the benefits of abstinence. How can you tell people about that if you refuse to discuss sex? How can you imagine they will take you seriously if you turn a blind eye to something so many of their peers are doing?

They need an external source of support to resist peer pressure, and have sex later rather than sooner: lamentably, it is presumed amongst many young people that having unprotected sex with many partners at an early age is the norm and they encourage others to do it (and attempt to humiliate those that don’t). We need mechanisms to support those that want to resist that pressure: sex education is such a mechanism. Sex education is part of a package of provisions needed to help our teenagers avoid the terrible pitfalls of unwanted pregnancy and venereal disease. This problem is here – pretending that it isn’t won’t make it go away. How else do opponents of sex education propose to deal with the huge problems of STDs and teen pregnancy? Effective and widely supported sex education programs can achieve real results. For example, in the Netherlands, amongst people having intercourse for the first time, 85% used contraception – compared to 50% in the UK.

In any single law, that prohibits substances there is going to be the danger of a black market. In Canada, a black market for alcohol developed despite the legal status of alcohol (it was due to high taxation). The Association of Canadian Distillers actually estimated that 25 % of all spirits in Ontario are consumed illegally (without paying taxes). [1]

The problem therefore is not going to lay in the ban itself, but in the enforcement of legislation and thorough control of the markets.

[1] Mackenzie Institute, Prohibition’s Hangover – Ontario’s Black Market and Alcohol, http://www.mackenzieinstitute.com/1997/1997_10_Sex_Alcohol.html , accessed 08/17/2011

If a parent gives into pressure from a young child so easily, even when she knows it’s the wrong thing to do, then she has bigger parenting problems to worry about than the presence of toys in fast food meals. The government cannot possibly step in to eliminate all temptations and negative influences on children’s choices. Parents need to be firm and provide their kids with the guidance necessary to choose what is best.

Of course there is no such thing as a silver bullet solution to a problem as complex as childhood obesity. This ban would need to be part of a bigger push to regulate the fast food industry’s marketing to children and to provide kids and parents with better choices and information. That doesn’t mean the ban has no merit or that it would not play a beneficial role in the fight against obesity.

This leads to patients requesting drugs they do not need and in many cases are even harmful to them.

The prescription drugs are very different from freely available drugs. They often treat serious diseases, and so advertising those should target mainly people that are very ill and especially vulnerable. On the other hand, with direct-to-consumer advertising, many people who do not have a serious disease become convinced that they need the prescription drug, because the advertisements scare them.

Because of such advertisement, in the U.S. there was a rapid widespread exposure to dangerous drugs before risks were fully recognized, as with troglitazone (Rezulin) for diabetes and cisapride (Propulsid) for nighttime heartburn. Causing people to become more ill instead of healthier, because this leads to a higher “self-diagnosing”. [1]

[1] Health Information Action, Direct-to-Consumer Prescription Drug Advertising The European Commission’s Proposals for Legislative Change, September 2011, http://www.haiweb.org/campaign/DTCA/BMintzes_en.pdf , accessed 08/07/2011

Many things that can be dangerous are legal, from drugs such as alcohol, to activities such as skydiving, or even rugby. However, millions of people are able to drink or play sports without harming themselves or society. It would seem draconian and extremely paternalistic for the government to ban everything that has the potential to be dangerous; instead, they should educate people about the dangers, but trust them to make decisions about their own lives.

The State has no authority to force its own morality on the general populace unless these drugs can be proven to harm others. The State is the facilitator of the voters’ desires in a democracy. So, a State enforced, morality goes against the obligations of the State to its people.

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The mandate is not constitutional under the commerce clause

Many attorneys general have fought constitutionality of mandates. Since the passage of the legislation in March of 2010, many state governments, governors, and attorney generals have pressed forward with lawsuits centred on the idea that the individual mandate in the legislation is unconstitutional.(7) Underlying these legal challenges is a debate about the basis of the national Congress’s lawmaking powers. In order for laws passed by Congress to be considered legitimate and enforceable, those laws must be based on a power conferred on congress by the Constitution. On those areas of law and public life where the Constitution is silent, legislative power rests not in the hands of Congress, but rather is “reserved to the States respectively, or to the people.”(9)

It has been argued that the individual healthcare mandate is authorised by the Constitution's empowerment of Congress to “regulate interstate commerce” (known as the “commerce clause”), however this is not true and the commerce clause does not authorize health insurance mandates. As the Congressional Research Service has written: "Despite the breadth of powers that have been exercised under the Commerce Clause, it is unclear whether the clause would provide a solid constitutional foundation for legislation containing a requirement to have health insurance. Whether such a requirement would be constitutional under the Commerce Clause is perhaps the most challenging question posed by such a proposal, as it is a novel issue whether Congress may use this clause to require an individual to purchase a good or a service.”(2) The most obvious reason for this is that an omission to buy health insurance can in no way be termed 'interstate commerce', as there is no activity or commerce going on. This is not in keeping with the commerce clause, unlike other previous federal healthcare laws.

There is no doubt that Congress can regulate an entire array of economic activities, large and small, inter- and intra-state. Thus, for example, there is no problem, Constitution-wise with having Congress regulate health care insurance purchase transactions. The problem with an individual insurance purchase mandate, however, is that it does not regulate any transactions at all; it regulates human beings, simply because they exist, and orders them to engage in certain types of economic transactions.(8)

While most health care insurers and health care providers may engage in interstate commerce and may be regulated accordingly under the Commerce Clause, it is a different matter to find a basis for imposing Commerce Clause related regulation on an individual citizen who chooses not to undertake a commercial transaction. The decision not to engage in affirmative conduct is arguably distinguishable from cases in which Commerce Clause regulatory authority was recognized over intra-state activity: growing wheat, for example, (Wickard v. Filmore) or, more recently, growing marijuana (Gonzales v. Raich).(6)

If Congress were to invoke its Commerce Clause authority to support legislation mandating individual health insurance coverage, such an action would have to contend with recent Supreme Court precedent limiting unfettered use of Commerce Clause authority to police individual behaviour that does not constitute interstate commerce: United States v. Lopez, invalidating the application of the Gun Free School Zones Act of 1990 to individuals, and United States v. Morrison, invalidating certain portions of the Violence Against Women Act.

In the case of a mandate to purchase health insurance or face a tax or penalty, Congress would have to explain how not doing something – not buying insurance and not seeking health care services – implicated interstate commerce.(6) Therefore, it is clear that Congress is not empowered to regulate the choice not to buy healthcare, as it lacks constitutional authorisation to interfere in this aspect of individual Americans’ private lives.

A refusal to purchase healthcare insurance can have an effect on interstate commerce, because in shrinking the risk pool of insured the premiums would incrementally rise. In 2007, healthcare expenditures amounted to $2.2 trillion, or $7,421 a person, and accounted for 16.2% of the gross domestic product. These statistics leave no doubt that regulating health insurance is synonymous with regulating interstate commerce.(10)

Not engaging in economic transactions is a form of commercial behaviour that Congress can regulate. The Supreme Court held that Congress could require that hotels and restaurants provide services to African-Americans. Their refusal to engage in commerce still was deemed to be within the scope of Congress's commerce clause power.(10)

The likelihood is that everyone will require medical care at some point. An uninsured person in a car accident will be taken to the emergency room for treatment. An uninsured person with a communicable disease will be treated; indeed, it is necessary for the health and welfare of the general population to provide treatment to individuals suffering from infectious diseases. Congress can ensure that there is an adequate fund to pay for everyone's medical needs.

Cloning will lead to a lack of diversity amongst the human population as it is creating genetic copies rather than increasing diversity by mixing genes. [1] The natural process of evolution will be halted, and as such humankind will be denied development, and may be rendered more susceptible to disease.

[1] ThinkQuest, Disadvantages of human cloning, http://library.thinkquest.org/C0122429/ethics/disadvantages.htm , accessed 08/20/2011

Reducing funds is an unfortunate, although necessary, mechanism for pressurising the political elite to legalise homosexuality. Africa’s democracies, such as Nigeria, have to be sensitive to the needs of their citizens. Even dictatorships have to maintain a grasp on the people’s will. Once the African population starts to feel the impact of reduced aid, the only viable way to remedy the situation will be to re-legislate on the same-sex issue.

Foreign aid struggles to reach those who need it the most anyway, with corruption in the Ugandan government (and the disappearance of £1.3 million) causing the UK to cut aid to Uganda in 2012 [1] . The funding itself is then redirected away from African governments, but will reach those who need it the most through non-governmental organisations which will negate the suffering predicted by critics [2] .

[1] BBC ‘UK cuts aid to Ugandan government’ 16/11/2012

[2] Gray,S. ‘Minister confirms UK will redirect aid, not cut it, for human rights violations’ Pink News 22/11/2011

There is no evidence that limiting access to healthcare would act as a deterrent. In fact, in the developing world, where a smoker would on average have worse access to healthcare, tobacco consumption has increased significantly over the last decade.1 Furthermore, governments have indeed acted to discourage smoking through a variety of methods. These have included advertising campaigns and banning smoking in public places and they seem to have worked. Cigarette use in the developed world has declined over the last 50 years. In the UK, smoking rates have dropped by half between 1974 and 2009, from 45% down to 21%2. A majority 59% have never taken up the habit3. 1 World Health Organization, The Tobacco Atlas, 2 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011. 3 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011.

Legalization of cannabis would make it easier for scientific studies to take place, thereby providing a more accurate picture of the physical, psychological, spiritual and sociological effects of the drug. Just as the lift of the taboo on discussions of a sexual nature in schools around the world has resulted in people being more informed as to the dangers of unprotected sex, so would the increased availability and accuracy of scientific data on cannabis serve to reduce the ratio of abuse to responsible use.

If coca cultivation were legalized, there would probably be mechanisms and policies to allow the plant and its derivatives to co-exist without this necessarily signifying an increase in harmful consumption, and to limit it being grown in the huge amounts needed for cocaine production. [1] The legalizing of coca cultivation for non-cocaine use could also undermine the supply basis of cocaine itself, as farmer would shift their production of coca from cocaine-purposed coca to open market coca production, as legal production would be much more secure from government action. Therefore legalizing coca production could actually help make cocaine less readily available.

[1] Transnational Institute Debate Papers. “Coca yes, cocaine, no?”. Transnational Institute. No. 2006/2. No. 13. May 2006. http://www.kdrink.com/fitxers/debate13.pdf

Our children are sexually active. They are making decisions that can affect the rest of their lives. They should be able to choose responsibly and be well-informed about the likely outcomes. They should know about sources of free or cheap contraception, who to turn to when pregnant or if they suspect they have a venereal disease, how to use contraception to avoid both, and, contrary to the impression of abolitionists, they should be told the benefits of abstinence. How can you tell people about that if you refuse to discuss sex? How can you imagine they will take you seriously if you turn a blind eye to something so many of their peers are doing?

They need an external source of support to resist peer pressure, and have sex later rather than sooner: lamentably, it is presumed amongst many young people that having unprotected sex with many partners at an early age is the norm and they encourage others to do it (and attempt to humiliate those that don’t). We need mechanisms to support those that want to resist that pressure: sex education is such a mechanism. Sex education is part of a package of provisions needed to help our teenagers avoid the terrible pitfalls of unwanted pregnancy and venereal disease. This problem is here – pretending that it isn’t won’t make it go away. How else do opponents of sex education propose to deal with the huge problems of STDs and teen pregnancy? Effective and widely supported sex education programs can achieve real results. For example, in the Netherlands, amongst people having intercourse for the first time, 85% used contraception – compared to 50% in the UK.

In any single law, that prohibits substances there is going to be the danger of a black market. In Canada, a black market for alcohol developed despite the legal status of alcohol (it was due to high taxation). The Association of Canadian Distillers actually estimated that 25 % of all spirits in Ontario are consumed illegally (without paying taxes). [1]

The problem therefore is not going to lay in the ban itself, but in the enforcement of legislation and thorough control of the markets.

[1] Mackenzie Institute, Prohibition’s Hangover – Ontario’s Black Market and Alcohol, http://www.mackenzieinstitute.com/1997/1997_10_Sex_Alcohol.html , accessed 08/17/2011

If a parent gives into pressure from a young child so easily, even when she knows it’s the wrong thing to do, then she has bigger parenting problems to worry about than the presence of toys in fast food meals. The government cannot possibly step in to eliminate all temptations and negative influences on children’s choices. Parents need to be firm and provide their kids with the guidance necessary to choose what is best.

Of course there is no such thing as a silver bullet solution to a problem as complex as childhood obesity. This ban would need to be part of a bigger push to regulate the fast food industry’s marketing to children and to provide kids and parents with better choices and information. That doesn’t mean the ban has no merit or that it would not play a beneficial role in the fight against obesity.

This leads to patients requesting drugs they do not need and in many cases are even harmful to them.

The prescription drugs are very different from freely available drugs. They often treat serious diseases, and so advertising those should target mainly people that are very ill and especially vulnerable. On the other hand, with direct-to-consumer advertising, many people who do not have a serious disease become convinced that they need the prescription drug, because the advertisements scare them.

Because of such advertisement, in the U.S. there was a rapid widespread exposure to dangerous drugs before risks were fully recognized, as with troglitazone (Rezulin) for diabetes and cisapride (Propulsid) for nighttime heartburn. Causing people to become more ill instead of healthier, because this leads to a higher “self-diagnosing”. [1]

[1] Health Information Action, Direct-to-Consumer Prescription Drug Advertising The European Commission’s Proposals for Legislative Change, September 2011, http://www.haiweb.org/campaign/DTCA/BMintzes_en.pdf , accessed 08/07/2011

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The individual mandate gives too much power to the Federal Government

The vertical separation of powers, under which the federal government possesses limited and enumerated powers, while the States wield general powers (including the right to operate their own police forces), is a key part of America's constitutional architecture. Far from being an 18th century affectation, these structural limitations on government powers were designed to protect individual liberty. In the Framers' view, limiting the ability of the federal government to exercise authority was core to ensuring that no single government entity would grow too powerful. This is because, under the Supremacy Clause, any constitutionally compliant federal legislation trumps exercises of individual state’s powers. Therefore, an infinitely capacious Commerce Clause (which would be produced if the mandating of healthcare were to be allowed) would rob States of any remaining authority.(8)

When any choice or non-action which has economic impacts becomes termed as “economic”, every aspect of consumer behaviour, or, for that matter, any aspect of individual behaviour, would become an economic activity, and thus nothing would fall outside of Congress' power to regulate under the commerce clause.(8)

The individual health insurance mandate would set dangerous precedents for federal power. The Congressional Budget Office acknowledged the unprecedented nature of an individual mandate when assessing the Clinton health care reform proposal of 1993: “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate has two features that, in combination, make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would have to be heavily regulated by the federal government."(2)

The 'commerce clause on steroids', as imagined by supporters of the healthcare mandate, would fundamentally warp America's constitutional architecture. Because every single decision by individual Americans, be it buying health insurance, cars, health club memberships or any other good or service, has some impact on the economy, it could be subject to regulation by Congress. Indeed, Congress would be able to dictate how individuals would dispose of every penny of whatever monies they have left after paying taxes, transforming Americans into virtual serfs.(8) For all these reasons the individual healthcare mandate would give too much power to the federal government, in ways which are antithetical to the Constitution as the Founders envisioned it and set it out (with restricted and separate powers), and so it should be deemed unconstitutional.

The healthcare insurance can be unprecedented but still be constitutional as Erwin Chemerinsky argues: “Anything that has never been done before is literally unprecedented, which means it lacks any precedent. So the question is, will the Supreme Court want to authorize this new extension of congressional power in light of the fact that it violates the first principles it affirmed in Lopez and Morrison? Or, to the contrary, will it want to take the opportunity reaffirm that these principles still apply, notwithstanding Raich, in a case with no further implications beyond the statute in question?”(10)

Regarding the argument that the healthcare mandate will allow Congress to regulate everything and everyone, such hyperbole and apocalyptic predictions are familiar in this area. In 1918, in Hammer v. Dagenhart, the Supreme Court declared unconstitutional a federal law that prohibited the shipment in interstate commerce of goods made by child labour. The Court concluded its opinion by declaring: "[I]f Congress can thus regulate matters entrusted to local authority by prohibition of the movement of commodities in interstate commerce, all freedom of commerce will be at an end, and the power of the states over local matters may be eliminated, and thus our system of government practically destroyed." For more than 70 years Congress has prohibited child labour and none of these dire predictions have come to pass. Nor would allowing Congress to mandate the purchase of health insurance mean that Congress could regulate who people invite to their homes for dinner or end our system of federalism.(10)

Cloning will lead to a lack of diversity amongst the human population as it is creating genetic copies rather than increasing diversity by mixing genes. [1] The natural process of evolution will be halted, and as such humankind will be denied development, and may be rendered more susceptible to disease.

[1] ThinkQuest, Disadvantages of human cloning, http://library.thinkquest.org/C0122429/ethics/disadvantages.htm , accessed 08/20/2011

Reducing funds is an unfortunate, although necessary, mechanism for pressurising the political elite to legalise homosexuality. Africa’s democracies, such as Nigeria, have to be sensitive to the needs of their citizens. Even dictatorships have to maintain a grasp on the people’s will. Once the African population starts to feel the impact of reduced aid, the only viable way to remedy the situation will be to re-legislate on the same-sex issue.

Foreign aid struggles to reach those who need it the most anyway, with corruption in the Ugandan government (and the disappearance of £1.3 million) causing the UK to cut aid to Uganda in 2012 [1] . The funding itself is then redirected away from African governments, but will reach those who need it the most through non-governmental organisations which will negate the suffering predicted by critics [2] .

[1] BBC ‘UK cuts aid to Ugandan government’ 16/11/2012

[2] Gray,S. ‘Minister confirms UK will redirect aid, not cut it, for human rights violations’ Pink News 22/11/2011

There is no evidence that limiting access to healthcare would act as a deterrent. In fact, in the developing world, where a smoker would on average have worse access to healthcare, tobacco consumption has increased significantly over the last decade.1 Furthermore, governments have indeed acted to discourage smoking through a variety of methods. These have included advertising campaigns and banning smoking in public places and they seem to have worked. Cigarette use in the developed world has declined over the last 50 years. In the UK, smoking rates have dropped by half between 1974 and 2009, from 45% down to 21%2. A majority 59% have never taken up the habit3. 1 World Health Organization, The Tobacco Atlas, 2 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011. 3 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011.

Legalization of cannabis would make it easier for scientific studies to take place, thereby providing a more accurate picture of the physical, psychological, spiritual and sociological effects of the drug. Just as the lift of the taboo on discussions of a sexual nature in schools around the world has resulted in people being more informed as to the dangers of unprotected sex, so would the increased availability and accuracy of scientific data on cannabis serve to reduce the ratio of abuse to responsible use.

If coca cultivation were legalized, there would probably be mechanisms and policies to allow the plant and its derivatives to co-exist without this necessarily signifying an increase in harmful consumption, and to limit it being grown in the huge amounts needed for cocaine production. [1] The legalizing of coca cultivation for non-cocaine use could also undermine the supply basis of cocaine itself, as farmer would shift their production of coca from cocaine-purposed coca to open market coca production, as legal production would be much more secure from government action. Therefore legalizing coca production could actually help make cocaine less readily available.

[1] Transnational Institute Debate Papers. “Coca yes, cocaine, no?”. Transnational Institute. No. 2006/2. No. 13. May 2006. http://www.kdrink.com/fitxers/debate13.pdf

Our children are sexually active. They are making decisions that can affect the rest of their lives. They should be able to choose responsibly and be well-informed about the likely outcomes. They should know about sources of free or cheap contraception, who to turn to when pregnant or if they suspect they have a venereal disease, how to use contraception to avoid both, and, contrary to the impression of abolitionists, they should be told the benefits of abstinence. How can you tell people about that if you refuse to discuss sex? How can you imagine they will take you seriously if you turn a blind eye to something so many of their peers are doing?

They need an external source of support to resist peer pressure, and have sex later rather than sooner: lamentably, it is presumed amongst many young people that having unprotected sex with many partners at an early age is the norm and they encourage others to do it (and attempt to humiliate those that don’t). We need mechanisms to support those that want to resist that pressure: sex education is such a mechanism. Sex education is part of a package of provisions needed to help our teenagers avoid the terrible pitfalls of unwanted pregnancy and venereal disease. This problem is here – pretending that it isn’t won’t make it go away. How else do opponents of sex education propose to deal with the huge problems of STDs and teen pregnancy? Effective and widely supported sex education programs can achieve real results. For example, in the Netherlands, amongst people having intercourse for the first time, 85% used contraception – compared to 50% in the UK.

In any single law, that prohibits substances there is going to be the danger of a black market. In Canada, a black market for alcohol developed despite the legal status of alcohol (it was due to high taxation). The Association of Canadian Distillers actually estimated that 25 % of all spirits in Ontario are consumed illegally (without paying taxes). [1]

The problem therefore is not going to lay in the ban itself, but in the enforcement of legislation and thorough control of the markets.

[1] Mackenzie Institute, Prohibition’s Hangover – Ontario’s Black Market and Alcohol, http://www.mackenzieinstitute.com/1997/1997_10_Sex_Alcohol.html , accessed 08/17/2011

If a parent gives into pressure from a young child so easily, even when she knows it’s the wrong thing to do, then she has bigger parenting problems to worry about than the presence of toys in fast food meals. The government cannot possibly step in to eliminate all temptations and negative influences on children’s choices. Parents need to be firm and provide their kids with the guidance necessary to choose what is best.

Of course there is no such thing as a silver bullet solution to a problem as complex as childhood obesity. This ban would need to be part of a bigger push to regulate the fast food industry’s marketing to children and to provide kids and parents with better choices and information. That doesn’t mean the ban has no merit or that it would not play a beneficial role in the fight against obesity.

This leads to patients requesting drugs they do not need and in many cases are even harmful to them.

The prescription drugs are very different from freely available drugs. They often treat serious diseases, and so advertising those should target mainly people that are very ill and especially vulnerable. On the other hand, with direct-to-consumer advertising, many people who do not have a serious disease become convinced that they need the prescription drug, because the advertisements scare them.

Because of such advertisement, in the U.S. there was a rapid widespread exposure to dangerous drugs before risks were fully recognized, as with troglitazone (Rezulin) for diabetes and cisapride (Propulsid) for nighttime heartburn. Causing people to become more ill instead of healthier, because this leads to a higher “self-diagnosing”. [1]

[1] Health Information Action, Direct-to-Consumer Prescription Drug Advertising The European Commission’s Proposals for Legislative Change, September 2011, http://www.haiweb.org/campaign/DTCA/BMintzes_en.pdf , accessed 08/07/2011

Instruction: Given a claim, retrieve documents that refute the claim


Question:
Penalizing a non-act is unconstitutional

It is unconstitutional to require individuals to buy private insurance, and penalize them for not doing so (that is, penalizing their non-act, their omission to purchase insurance). As David B. Rivkin Jr. and Lee A. Casey argue: “… Can Congress require every American to buy health insurance? In short, no. The Constitution assigns only limited, enumerated powers to Congress and none, including the power to regulate interstate commerce or to impose taxes, would support a federal mandate requiring anyone who is otherwise without health insurance to buy it.”(1)

The Congressional Budget Office believes “a mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”(2) An individual mandate would have two features that, in combination, would make it unique. First, it imposes a duty on individuals due to them being members of society. Second, it requires the purchase of a specific service on pain of tax penalties if that product is not purchased. (2)

As noted by Sen. John Ensign, a Nevada Republican: "Anything we have ever done, somebody actually had to have an action before we could tax or regulate it."(3) As Robert A. Levy and Michael F. Cannon of the CATO Institute argue: “Congress' attempt to punish a non-act that harms no one is an intolerable affront to the Constitution, liberty, and personal autonomy. That shameful fact cannot be altered by calling it health-care reform.”(4) The individual healthcare insurance mandate would, for the first time, mean the government setting uo a monopoly or a cartel with which every citizen of the US would be compelled- by a statutory power- to do business. This destroys any pretence of individual market freedom, individuals would be required to contribute money out of each and every pay check they earned to either a government entity which would be staffed and/or controlled by political appointees or to a cartel made up of companies that would owe their continued existence on the cartel list to the acquiescence of political overseers. Either way, the reduction in individual autonomy and freedom over health care choices would be dramatically decreased and inevitably politicized. This has obvious worrying possibilities for corruption, the party in power would favour those who donate to the party.(5)

Enforcing the mandate may also intrude on Constitutional rights. Sherry Glied, Ph.D., Assistant Secretary for Planning and Evaluation at the U.S. Department of Health and Human Services has warned, “[d]eveloping a system to promptly identify and penalize scofflaws [people who flout the law] will take effort and ingenuity, particularly in our diverse and mobile country. It may require a degree of intrusiveness and bureaucracy that some will find unpalatable.”(6)This is likely to mean much more intrusive inspection, for example hospitals having to report to the government patients they have who don’t have health insursnce..(6) This is why a majority of the states, and numerous organizations and individual persons, have filed actions in federal court challenging the constitutionality of the individual mandate, and several courts have already struck it down on constitutional grounds.(7)

For all these reasons it is clear that for Congress to try to penalize a non-act is an unprecedented and unconstitutional power grab, and so the individual mandate is unconstitutional.

The federal government mandates positive activities all the time, and this is why several courts have also upheld the constitutionality of the individual mandate.(7)

Regarding the charge that the individual mandate penalizes a 'non-action', Stephanie Cutter, an adviser to President Barack Obama, has argued: "Individuals who choose to go without health insurance are making an economic decision that affects all of us—when people without insurance obtain health care they cannot pay for, those with insurance and taxpayers are often left to pick up the tab."(7) Thus these people are not engaging in a 'non-action' but rather in an economic choice which has negative implications for other Americans, something Congress has the constitutional power to regulate under the commerce clause and the constitution's provision that Congress should promote the general welfare.

Cloning will lead to a lack of diversity amongst the human population as it is creating genetic copies rather than increasing diversity by mixing genes. [1] The natural process of evolution will be halted, and as such humankind will be denied development, and may be rendered more susceptible to disease.

[1] ThinkQuest, Disadvantages of human cloning, http://library.thinkquest.org/C0122429/ethics/disadvantages.htm , accessed 08/20/2011

Reducing funds is an unfortunate, although necessary, mechanism for pressurising the political elite to legalise homosexuality. Africa’s democracies, such as Nigeria, have to be sensitive to the needs of their citizens. Even dictatorships have to maintain a grasp on the people’s will. Once the African population starts to feel the impact of reduced aid, the only viable way to remedy the situation will be to re-legislate on the same-sex issue.

Foreign aid struggles to reach those who need it the most anyway, with corruption in the Ugandan government (and the disappearance of £1.3 million) causing the UK to cut aid to Uganda in 2012 [1] . The funding itself is then redirected away from African governments, but will reach those who need it the most through non-governmental organisations which will negate the suffering predicted by critics [2] .

[1] BBC ‘UK cuts aid to Ugandan government’ 16/11/2012

[2] Gray,S. ‘Minister confirms UK will redirect aid, not cut it, for human rights violations’ Pink News 22/11/2011

There is no evidence that limiting access to healthcare would act as a deterrent. In fact, in the developing world, where a smoker would on average have worse access to healthcare, tobacco consumption has increased significantly over the last decade.1 Furthermore, governments have indeed acted to discourage smoking through a variety of methods. These have included advertising campaigns and banning smoking in public places and they seem to have worked. Cigarette use in the developed world has declined over the last 50 years. In the UK, smoking rates have dropped by half between 1974 and 2009, from 45% down to 21%2. A majority 59% have never taken up the habit3. 1 World Health Organization, The Tobacco Atlas, 2 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011. 3 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011.

Legalization of cannabis would make it easier for scientific studies to take place, thereby providing a more accurate picture of the physical, psychological, spiritual and sociological effects of the drug. Just as the lift of the taboo on discussions of a sexual nature in schools around the world has resulted in people being more informed as to the dangers of unprotected sex, so would the increased availability and accuracy of scientific data on cannabis serve to reduce the ratio of abuse to responsible use.

If coca cultivation were legalized, there would probably be mechanisms and policies to allow the plant and its derivatives to co-exist without this necessarily signifying an increase in harmful consumption, and to limit it being grown in the huge amounts needed for cocaine production. [1] The legalizing of coca cultivation for non-cocaine use could also undermine the supply basis of cocaine itself, as farmer would shift their production of coca from cocaine-purposed coca to open market coca production, as legal production would be much more secure from government action. Therefore legalizing coca production could actually help make cocaine less readily available.

[1] Transnational Institute Debate Papers. “Coca yes, cocaine, no?”. Transnational Institute. No. 2006/2. No. 13. May 2006. http://www.kdrink.com/fitxers/debate13.pdf

Our children are sexually active. They are making decisions that can affect the rest of their lives. They should be able to choose responsibly and be well-informed about the likely outcomes. They should know about sources of free or cheap contraception, who to turn to when pregnant or if they suspect they have a venereal disease, how to use contraception to avoid both, and, contrary to the impression of abolitionists, they should be told the benefits of abstinence. How can you tell people about that if you refuse to discuss sex? How can you imagine they will take you seriously if you turn a blind eye to something so many of their peers are doing?

They need an external source of support to resist peer pressure, and have sex later rather than sooner: lamentably, it is presumed amongst many young people that having unprotected sex with many partners at an early age is the norm and they encourage others to do it (and attempt to humiliate those that don’t). We need mechanisms to support those that want to resist that pressure: sex education is such a mechanism. Sex education is part of a package of provisions needed to help our teenagers avoid the terrible pitfalls of unwanted pregnancy and venereal disease. This problem is here – pretending that it isn’t won’t make it go away. How else do opponents of sex education propose to deal with the huge problems of STDs and teen pregnancy? Effective and widely supported sex education programs can achieve real results. For example, in the Netherlands, amongst people having intercourse for the first time, 85% used contraception – compared to 50% in the UK.

In any single law, that prohibits substances there is going to be the danger of a black market. In Canada, a black market for alcohol developed despite the legal status of alcohol (it was due to high taxation). The Association of Canadian Distillers actually estimated that 25 % of all spirits in Ontario are consumed illegally (without paying taxes). [1]

The problem therefore is not going to lay in the ban itself, but in the enforcement of legislation and thorough control of the markets.

[1] Mackenzie Institute, Prohibition’s Hangover – Ontario’s Black Market and Alcohol, http://www.mackenzieinstitute.com/1997/1997_10_Sex_Alcohol.html , accessed 08/17/2011

If a parent gives into pressure from a young child so easily, even when she knows it’s the wrong thing to do, then she has bigger parenting problems to worry about than the presence of toys in fast food meals. The government cannot possibly step in to eliminate all temptations and negative influences on children’s choices. Parents need to be firm and provide their kids with the guidance necessary to choose what is best.

Of course there is no such thing as a silver bullet solution to a problem as complex as childhood obesity. This ban would need to be part of a bigger push to regulate the fast food industry’s marketing to children and to provide kids and parents with better choices and information. That doesn’t mean the ban has no merit or that it would not play a beneficial role in the fight against obesity.

This leads to patients requesting drugs they do not need and in many cases are even harmful to them.

The prescription drugs are very different from freely available drugs. They often treat serious diseases, and so advertising those should target mainly people that are very ill and especially vulnerable. On the other hand, with direct-to-consumer advertising, many people who do not have a serious disease become convinced that they need the prescription drug, because the advertisements scare them.

Because of such advertisement, in the U.S. there was a rapid widespread exposure to dangerous drugs before risks were fully recognized, as with troglitazone (Rezulin) for diabetes and cisapride (Propulsid) for nighttime heartburn. Causing people to become more ill instead of healthier, because this leads to a higher “self-diagnosing”. [1]

[1] Health Information Action, Direct-to-Consumer Prescription Drug Advertising The European Commission’s Proposals for Legislative Change, September 2011, http://www.haiweb.org/campaign/DTCA/BMintzes_en.pdf , accessed 08/07/2011

Instruction: Given a claim, retrieve documents that refute the claim


Question:
The mandate is constitutional under the commerce clause

Congress has ample power and precedent through the Constitution’s “Commerce Clause” to regulate just about any aspect of the national economy.

Health insurance is quintessentially an economic good. The only possible objection is that mandating its purchase is not the same as “regulating” its purchase, but a mandate is just a stronger form of regulation. Where a Congressional power exists, nothing in law says that ”strong” and potentially more intrusive forms of action are less supported than weaker ones.(11)

Critics of an individual mandate cite recent Supreme Court cases in which the Court has limited the commerce clause’s power. However, those cases (Lopez and Morrison) involved regulation of non-economic activity. The individual mandate regulates the relationship between sellers and buyers of health care insurance. Moreover, the Court was concerned in Lopez and Morrison with efforts by Congress to intrude into areas that are properly regulated by state governments and thereby to upset the balance of power between the federal and state governments. By contrast, congressional regulation of the health care industry does not violate state prerogatives.

To be sure, much regulation of insurance occurs at the state level, but that is because Congress has chosen by statute to defer to state regulation. The Constitution does not prevent Congress from revoking its statutory grants to state governments.(12) Those who argue that this is unconstitutional maintain that those not purchasing health insurance, by definition, are not part of interstate commerce. There are numerous flaws with this argument.

First, Congress can regulate activities that themselves are not part of interstate commerce if they have a substantial effect on interstate commerce. For example, in Wickard v. Filburn, the Supreme Court held that Congress could regulate wheat that farmers grew for their own home consumption. More recently in Gonzales v. Raich, the Court ruled that Congress could prohibit cultivating and possessing small amounts of marijuana for personal medicinal use. Even though the individuals were not personally engaged in commerce, the matter still fit within the commerce power.(10)

Second, the decision to abstain from particular economic transactions is a form of commercial behaviour that Congress can regulate. The Supreme Court held that Congress could require that hotels and restaurants provide services to African-Americans. Their refusal to engage in commerce still was deemed to be within the scope of Congress's commerce clause power.(10) This is made more significant by the fact that the decision to remain uninsured can affect commerce- both within and between states- by raising health insurance premiums. This is because insurance premiums tend to rise in response to reductions in the size of the pool of individuals to whom financial risk can be distributed.(14)

Citizens who forego health insurance are forcing other Americans to cover their costs if they are sent to hospital for emergency treatment. They are also forcing others to pay higher insurance rates, now that insurance companies can no longer legally exclude those with pre-existing conditions.(15)

Third, the likelihood is that everyone will require medical care at some point. An uninsured person in a car accident will be taken to the emergency room for treatment. An uninsured person with a communicable disease will be treated. Congress can ensure that there is an adequate fund to pay for everyone's medical needs. In other words, the health care system is part of interstate commerce. Providing care for all unquestionably has a substantial economic effect. Congress, then, can use its authority under the necessary and proper clause to make sure that the system that it is creating is viable and capable of providing health care for all.(10)

Therefore the individual healthcare mandate is constitutional because it is authorized under the commerce clause of the constitution.

These arguments overlook the existence of two major cases – United States v. Lopez and United States v. Morrison – in which the Supreme Court has specifically rejected the notion that Congress can regulate non-commercial behaviour merely because, arguably, such behaviour can have an impact on Commerce. The Court's overarching reason for doing so was its compellingly articulated belief that the Commerce Clause is a limited grant of power and one that cannot be infinitely capacious. This reasoning is unassailable, and demonstrated that the individual mandate is not a reasonable application of the commerce clause.(8) Rather, this interpretation of the commerce clause could potentially America's constitutional structure. Every single decision made by individual Americans, be it buying health insurance, a car, health club memberships or any other good or service, has some impact on the economy. Such decisions could therefore be subject to regulation by Congress. Indeed, Congress would be able to determine how individuals would dispose of every penny of whatever monies they have left after paying taxes.

Meanwhile, the Supremacy Clause- which ensures that any constitutional federal legislation trumps exercises of state power- would all but guarantee that an infinitely capacious Commerce Clause would rob States of any remaining authority. This point was ably articulated by Justice Kennedy in his concurring opinion in Lopez.(8) Accordingly, there is a great deal at stake here. No matter how important the cause of health care reform might be, it is not consequential enough to destroy the very sinews of America’s constitutional system.

Cloning will lead to a lack of diversity amongst the human population as it is creating genetic copies rather than increasing diversity by mixing genes. [1] The natural process of evolution will be halted, and as such humankind will be denied development, and may be rendered more susceptible to disease.

[1] ThinkQuest, Disadvantages of human cloning, http://library.thinkquest.org/C0122429/ethics/disadvantages.htm , accessed 08/20/2011

Reducing funds is an unfortunate, although necessary, mechanism for pressurising the political elite to legalise homosexuality. Africa’s democracies, such as Nigeria, have to be sensitive to the needs of their citizens. Even dictatorships have to maintain a grasp on the people’s will. Once the African population starts to feel the impact of reduced aid, the only viable way to remedy the situation will be to re-legislate on the same-sex issue.

Foreign aid struggles to reach those who need it the most anyway, with corruption in the Ugandan government (and the disappearance of £1.3 million) causing the UK to cut aid to Uganda in 2012 [1] . The funding itself is then redirected away from African governments, but will reach those who need it the most through non-governmental organisations which will negate the suffering predicted by critics [2] .

[1] BBC ‘UK cuts aid to Ugandan government’ 16/11/2012

[2] Gray,S. ‘Minister confirms UK will redirect aid, not cut it, for human rights violations’ Pink News 22/11/2011

There is no evidence that limiting access to healthcare would act as a deterrent. In fact, in the developing world, where a smoker would on average have worse access to healthcare, tobacco consumption has increased significantly over the last decade.1 Furthermore, governments have indeed acted to discourage smoking through a variety of methods. These have included advertising campaigns and banning smoking in public places and they seem to have worked. Cigarette use in the developed world has declined over the last 50 years. In the UK, smoking rates have dropped by half between 1974 and 2009, from 45% down to 21%2. A majority 59% have never taken up the habit3. 1 World Health Organization, The Tobacco Atlas, 2 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011. 3 Daily Telegraph, 22 Jan 09, Lowest ever number of smokers after public ban and health campaigns.Accessed 14 Jul 2011.

Legalization of cannabis would make it easier for scientific studies to take place, thereby providing a more accurate picture of the physical, psychological, spiritual and sociological effects of the drug. Just as the lift of the taboo on discussions of a sexual nature in schools around the world has resulted in people being more informed as to the dangers of unprotected sex, so would the increased availability and accuracy of scientific data on cannabis serve to reduce the ratio of abuse to responsible use.

If coca cultivation were legalized, there would probably be mechanisms and policies to allow the plant and its derivatives to co-exist without this necessarily signifying an increase in harmful consumption, and to limit it being grown in the huge amounts needed for cocaine production. [1] The legalizing of coca cultivation for non-cocaine use could also undermine the supply basis of cocaine itself, as farmer would shift their production of coca from cocaine-purposed coca to open market coca production, as legal production would be much more secure from government action. Therefore legalizing coca production could actually help make cocaine less readily available.

[1] Transnational Institute Debate Papers. “Coca yes, cocaine, no?”. Transnational Institute. No. 2006/2. No. 13. May 2006. http://www.kdrink.com/fitxers/debate13.pdf

Our children are sexually active. They are making decisions that can affect the rest of their lives. They should be able to choose responsibly and be well-informed about the likely outcomes. They should know about sources of free or cheap contraception, who to turn to when pregnant or if they suspect they have a venereal disease, how to use contraception to avoid both, and, contrary to the impression of abolitionists, they should be told the benefits of abstinence. How can you tell people about that if you refuse to discuss sex? How can you imagine they will take you seriously if you turn a blind eye to something so many of their peers are doing?

They need an external source of support to resist peer pressure, and have sex later rather than sooner: lamentably, it is presumed amongst many young people that having unprotected sex with many partners at an early age is the norm and they encourage others to do it (and attempt to humiliate those that don’t). We need mechanisms to support those that want to resist that pressure: sex education is such a mechanism. Sex education is part of a package of provisions needed to help our teenagers avoid the terrible pitfalls of unwanted pregnancy and venereal disease. This problem is here – pretending that it isn’t won’t make it go away. How else do opponents of sex education propose to deal with the huge problems of STDs and teen pregnancy? Effective and widely supported sex education programs can achieve real results. For example, in the Netherlands, amongst people having intercourse for the first time, 85% used contraception – compared to 50% in the UK.

In any single law, that prohibits substances there is going to be the danger of a black market. In Canada, a black market for alcohol developed despite the legal status of alcohol (it was due to high taxation). The Association of Canadian Distillers actually estimated that 25 % of all spirits in Ontario are consumed illegally (without paying taxes). [1]

The problem therefore is not going to lay in the ban itself, but in the enforcement of legislation and thorough control of the markets.

[1] Mackenzie Institute, Prohibition’s Hangover – Ontario’s Black Market and Alcohol, http://www.mackenzieinstitute.com/1997/1997_10_Sex_Alcohol.html , accessed 08/17/2011

If a parent gives into pressure from a young child so easily, even when she knows it’s the wrong thing to do, then she has bigger parenting problems to worry about than the presence of toys in fast food meals. The government cannot possibly step in to eliminate all temptations and negative influences on children’s choices. Parents need to be firm and provide their kids with the guidance necessary to choose what is best.

Of course there is no such thing as a silver bullet solution to a problem as complex as childhood obesity. This ban would need to be part of a bigger push to regulate the fast food industry’s marketing to children and to provide kids and parents with better choices and information. That doesn’t mean the ban has no merit or that it would not play a beneficial role in the fight against obesity.

This leads to patients requesting drugs they do not need and in many cases are even harmful to them.

The prescription drugs are very different from freely available drugs. They often treat serious diseases, and so advertising those should target mainly people that are very ill and especially vulnerable. On the other hand, with direct-to-consumer advertising, many people who do not have a serious disease become convinced that they need the prescription drug, because the advertisements scare them.

Because of such advertisement, in the U.S. there was a rapid widespread exposure to dangerous drugs before risks were fully recognized, as with troglitazone (Rezulin) for diabetes and cisapride (Propulsid) for nighttime heartburn. Causing people to become more ill instead of healthier, because this leads to a higher “self-diagnosing”. [1]

[1] Health Information Action, Direct-to-Consumer Prescription Drug Advertising The European Commission’s Proposals for Legislative Change, September 2011, http://www.haiweb.org/campaign/DTCA/BMintzes_en.pdf , accessed 08/07/2011

Instruction: Given a claim, retrieve documents that refute the claim