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Dead Constitution
See other Dead Constitution Articles

Title: The state owns the rights to body parts of people who are dead or in certain hopeless conditions, and it can remove their organs without asking anyone's permission.
Source: WND
URL Source: http://www.wnd.com/index.php?fa=PAGE.view&pageId=112757
Published: Oct 12, 2009
Author: Aaron Klein
Post Date: 2009-10-13 10:41:20 by F.A. Hayek Fan
Keywords: None
Views: 283
Comments: 35

TEL AVIV – President Obama 's newly confirmed regulatory czar defended the possibility of removing organs from terminally ill patients without their permission.

Cass Sunstein also has strongly pushed for the removal of organs from deceased individuals who did not explicitly consent to becoming organ donors.

In his 2008 book, "Nudge: Improving Decisions about Health, Wealth and Happiness," Sunstein and co-author Richard Thaler discussed multiple legal scenarios regarding organ donation . One possibility presented in the book, termed by Sunstein as "routine removal," posits that "the state owns the rights to body parts of people who are dead or in certain hopeless conditions, and it can remove their organs without asking anyone's permission."

"Though it may sound grotesque, routine removal is not impossible to defend," wrote Sunstein. "In theory, it would save lives, and it would do so without intruding on anyone who has any prospect for life."

Sunstein continued: "Although this approach is not used comprehensively by any state, many states do use the rule for corneas (which can be transplanted to give some blind patients sight). In some states, medical examiners performing autopsies are permitted to remove corneas without asking anyone's permission."

Sunstein's example of medical examiners removing corneas, however, applies only to patients who are already declared deceased.

After defending the position, Sunstein conceded the "routine removal" approach "violates a generally accepted principle, which is that within broad limits, individuals should be able to decide what is to be done with and to their bodies."

Still, Sunstein did not add that the removal of organs from a living individual should be banned.

Also in the same book, CNS News previously noted Sunstein argued for removing organs from deceased patients who are not registered as organ donors, a policy not without precedent. Spain and some European Union countries have been debating accepting a law of implied consent.

Writes Sunstein: "A policy that can pass libertarian muster by our standards is called presumed consent."

"Presumed consent preserves freedom of choice, but it is different from explicit consent because it shifts the default rule. Under this policy, all citizens would be presumed to be consenting donors, but they would have the opportunity to register their unwillingness to donate, and they could do so easily. We want to underline the word easily, because the harder it is to register your unwillingness to participate, the less libertarian the policy becomes."

Sunstein continues: "Although presumed consent is an extremely effective way to increase the supply of organs available for transplant, it may not be an easy sell politically. Some will object to the idea of 'presuming' anything when it comes to such a sensitive matter. We are not sure that these objections are convincing, but this is surely a domain in which forced choosing, or what is referred to in this domain as mandated choice, has considerable appeal."

Sunstein advocates making it mandatory for all citizens to register either as an organ donor or as unwilling to donate their organs.

"Mandated choice could be implemented through a simple addition to the driver's license registration scheme used in many states. With mandated choice, renewal of your driver's license would be accompanied by a requirement that you check a box stating your organ donation preferences. Your application would not be accepted unless you had checked one of the boxes. The options might include 'yes, willing to donate' and 'no, unwilling to donate.'"

Government must fund abortion

Sunstein is not shy about his view concerning rights to life or abortion.

WND reported that in his 1993 book, "The Partial Constitution," Sunstein argued the government should be required to fund abortion in cases such as rape or incest.

"I have argued that the Constitution ... forbids government from refusing to pay the expenses of abortion in cases of rape or incest, at least if government pays for childbirth in such cases," Sunstein wrote.

The Obama czar asserts that funding only childbirth but not abortion "has the precise consequence of turning women into involuntary incubators."

Sunstein argues that refusing to fund abortion "would require poor women to be breeders," while co-opting women's bodies "in the service of third parties" – referring to fetuses.

Sunstein wrote he has no problem with forcing taxpayers to fund abortions even if they morally object to their money being used for such a purpose.

He wrote: "There would be no tension with the establishment clause if people with religious or other objections were forced to pay for that procedure (abortion). Indeed, taxpayers are often forced to pay for things – national defense, welfare, certain forms of art, and others – to which they have powerful moral and even religious objections."

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#1. To: Hayek Fan (#0)

"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)‡

ghostdogtxn  posted on  2009-10-13   10:44:52 ET  Reply   Trace   Private Reply  


#2. To: ghostdogtxn (#1)

Definition of slave from the Merriam-Webster Dictionary: a person held in servitude as the chattel of another.

So let's see. We are required to give up to 50% of our money to an entity that claims the right to our bodies while we are alive (i.e. WOD) and outright ownership of our bodies when we are dead.

I'd say that slave is the appropriate word to use to describe the American citizen.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

The purpose of the legal system is to protect the elites from the wrath of those they plunder.- Elliott Jackalope

F.A. Hayek Fan  posted on  2009-10-13   10:55:50 ET  Reply   Trace   Private Reply  


#3. To: Hayek Fan (#0)

This would be just about the only way to close the organ transplant gap.

The western world’s first parliament, called the Althing, was established in Iceland. It has convened every year without exception since 911 AD.

Prefrontal Vortex  posted on  2009-10-13   10:57:25 ET  Reply   Trace   Private Reply  


#4. To: Prefrontal Vortex (#3)

This would be just about the only way to close the organ transplant gap.

The government does not own me and has no right to cut me up like a side of beef and dish me out to whomever they choose. This pisses me off enough that I am seriously considering going down to the DMV and removing the organ donor status on my drivers license.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

The purpose of the legal system is to protect the elites from the wrath of those they plunder.- Elliott Jackalope

F.A. Hayek Fan  posted on  2009-10-13   11:01:20 ET  Reply   Trace   Private Reply  


#5. To: Hayek Fan (#0)

Writes Sunstein: "A policy that can pass libertarian muster by our standards is called presumed consent."

Do these people use any words correctly?

Christ almighty, that's the exact opposite of libertarian muster. Libertarian muster would include actual consent, not some bureaucrat assuming consent on your behalf where no wishes were expressed by you to affirm their assumption.

MapQuest really needs to start their directions on #5. Pretty sure I know how to get out of my neighborhood.

SonOfLiberty  posted on  2009-10-13   11:04:17 ET  Reply   Trace   Private Reply  


#6. To: Hayek Fan (#4)

The government does not own me and has no right to cut me up like a side of beef and dish me out to whomever they choose. This pisses me off enough that I am seriously considering going down to the DMV and removing the organ donor status on my drivers license.

And that's the other way.

The western world’s first parliament, called the Althing, was established in Iceland. It has convened every year without exception since 911 AD.

Prefrontal Vortex  posted on  2009-10-13   11:09:42 ET  Reply   Trace   Private Reply  


#7. To: SonOfLiberty (#5)

Do these people use any words correctly?

With apologies to The Electric Company...

Punk!-tuation. Punk-punk-punk Punk!-tuation.
They are the little Marx that use their influence
To help a sentence make more sense!

The western world’s first parliament, called the Althing, was established in Iceland. It has convened every year without exception since 911 AD.

Prefrontal Vortex  posted on  2009-10-13   11:12:59 ET  Reply   Trace   Private Reply  


#8. To: SonOfLiberty (#5)

Do these people use any words correctly?

He's a lawyer and as such has been trained in the twisting of words to mean whatever it is he wants them to mean. You know, like the Democans are liberal and the Republicrats are conservative. Both liberal and conservative now mean the same thing: Leviathan, nanny state government.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

The purpose of the legal system is to protect the elites from the wrath of those they plunder.- Elliott Jackalope

F.A. Hayek Fan  posted on  2009-10-13   11:15:40 ET  Reply   Trace   Private Reply  


#9. To: Hayek Fan (#0)

President Obama 's newly confirmed regulatory czar defended the possibility of removing organs from terminally ill patients without their permission.

Cass Sunstein also has strongly pushed for the removal of organs from deceased individuals who did not explicitly consent to becoming organ donors.

Perhaps Mr. Sunstein wishes to "kick-off" his new donor program prematurely?

Liberator  posted on  2009-10-13   12:29:13 ET  Reply   Trace   Private Reply  


#10. To: Liberator (#9)

I think it's pretty obvious that he has already had his brain removed.

MapQuest really needs to start their directions on #5. Pretty sure I know how to get out of my neighborhood.

SonOfLiberty  posted on  2009-10-13   12:30:07 ET  Reply   Trace   Private Reply  


#11. To: Hayek Fan (#2)

So let's see. We are required to give up to 50% of our money to an entity that claims the right to our bodies while we are alive (i.e. WOD) and outright ownership of our bodies when we are dead.

I'd say that slave is the appropriate word to use to describe the American citizen.

Soon to surpass 50%...

How dare we claim more of our bodies than the State?

Team 0bama and his cadre of fascist lunatics are pushing ALL the right wrong buttons...This will NOT end nicely.

And WHERE TF was/s the outrage from GOP leadership with respect to Sunstein or ANY of 0bama's Czars? What a bunch of eunuchs. With "credentials" like Herr Sunstein, he ought to have been BURIED instead of threatening America with Frankensteinian policies.

Liberator  posted on  2009-10-13   12:37:11 ET  Reply   Trace   Private Reply  


#12. To: SonOfLiberty (#10)

Lobotomies and/or perversion seems to be a prerequisite of Team 0bama.

Liberator  posted on  2009-10-13   12:39:40 ET  Reply   Trace   Private Reply  


#13. To: Hayek Fan (#4)

This pisses me off enough that I am seriously considering going down to the DMV and removing the organ donor status on my drivers license.

Lol, sheeet - You actually trust these b@stards with your body TO BEGIN WITH??

Remember - your organs and parts have a shelf life. I've always believe the PTB may consider our life/death situation from a monetary standpoint, deciding to pull the plug on Donors a bit quicker rather than "chance" your recovery.

Liberator  posted on  2009-10-13   12:44:19 ET  Reply   Trace   Private Reply  


#14. To: Hayek Fan (#8)

"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)‡

ghostdogtxn  posted on  2009-10-13   12:48:55 ET  Reply   Trace   Private Reply  


#15. To: Hayek Fan (#4)

removing the organ donor status on my drivers license.

I saw this comin' after reading about the New Jersey gang of mayors, state legislators, Jewish Rabbis, and others got busted there and changed my donor status from donor to non-donor.

Invest in cotton, "they" stuff the stripped cadavers with cotton after your organs have been stolen without your consent.

sizzlerguy  posted on  2009-10-13   12:54:10 ET  Reply   Trace   Private Reply  


#16. To: sizzlerguy, Hayek Fan (#15)

I saw this comin' after reading about the New Jersey gang of mayors, state legislators, Jewish Rabbis, and others got busted there and changed my donor status from donor to non-donor.

Good move.

Notice how this ghoulish scam got little press? How few details were released?

I imagine registered "Donors" who find themselves in an accident are immediate candidates for "special" 0bamaCare. NO THANKS.

Liberator  posted on  2009-10-13   13:54:52 ET  Reply   Trace   Private Reply  


#17. To: ghostdogtxn, Elliote Jackalope (#14) (Edited)

The purpose of the legal system is to protect the elites from the wrath of those they plunder...

by the way, Elliote Jackalope stole that line from me...

Did he? He didn't mention that when I asked him if I could use it as a tagline. I will make the appropriate changes.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

The purpose of the legal system is to protect the elites from the wrath of those they plunder.- ghostdogtxn

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." - Frederic Bastiat

F.A. Hayek Fan  posted on  2009-10-14   12:02:45 ET  Reply   Trace   Private Reply  


#18. To: Hayek Fan (#17)

Wait a minute. I do not recall "stealing" that line from ghostdog. Can we do a look back in the archives to see who came up with that first? I make a point of NOT using other people's work without proper attribution. If I am, in fact, wrong about this then I want to know.

Gold and silver are REAL money, paper is but a promise.

Elliott Jackalope  posted on  2009-10-14   12:11:01 ET  Reply   Trace   Private Reply  


#19. To: Elliott Jackalope, ghostdogtxn (#18) (Edited)

Wait a minute. I do not recall "stealing" that line from ghostdog. Can we do a look back in the archives to see who came up with that first? I make a point of NOT using other people's work without proper attribution. If I am, in fact, wrong about this then I want to know.

That is between you and ghostdogtxn. I'm not making any accusations at all. Other than to search through every single post you and ghostdogtxn have ever made, which I am not up to doing, I have no idea how to see who came up with the quote first.

I tell you what, I will attribute the quote to both of you.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

The purpose of the legal system is to protect the elites from the wrath of those they plunder.- ghostdogtxn and Elliott Jackalope

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." - Frederic Bastiat

F.A. Hayek Fan  posted on  2009-10-14   12:19:45 ET  Reply   Trace   Private Reply  


#20. To: ghostdogtxn, Pinguinite, Hayek Fan (#14)

I do not recall "stealing" this line from you. If I did I want to know, because I make a point of not using other people's quotes without proper attribution. I did some web searches to see if I could find who came up with this first, but didn't have much luck. Neil, is it possible for you to check back in the 4um archives to determine who did, in fact, make this quote first?

Ghostdog, if I did, in fact, get this quote from you without giving you proper attribution, then I'm very sorry about that and I apologize. I assure you I didn't do it intentionally. But I'd really like to know who did, in fact, come up with this quote first.

Gold and silver are REAL money, paper is but a promise.

Elliott Jackalope  posted on  2009-10-14   12:22:07 ET  Reply   Trace   Private Reply  


#21. To: Liberator (#11)

And WHERE TF was/s the outrage from GOP leadership with respect to Sunstein or ANY of 0bama's Czars? What a bunch of eunuchs.

outrage? you must be kidding. except for the Ron Paul faction, the "eunichs" are onboard with the anti-america(n) agenda including support of czars. traitors ALL.

"This Act (the Federal Reserve Act, Dec. 23rd 1913) establishes the most gigantic trust on earth. When the President (Woodrow Wilson) signs the Bill, the invisible government of the Monetary Power will be legalised... The worst legislative crime of the ages is perpetrated by this banking and currency Bill."--Charles Lindbergh, Sr.

christine  posted on  2009-10-14   12:59:50 ET  Reply   Trace   Private Reply  


#22. To: Hayek Fan, ghostdogtxn, Elliott Jackalope (#19)

A DB search shows that the first occurrence of the exact quote

"The purpose of the legal system is to protect the elites from the wrath of those they plunder"
here on 4um is in

freedom4um.com/cgi-bin/readart.cgi?ArtNum=91418, comment #5 & 6 by Elliott Jackalope & Hayek Fan respectively.

The search was case insensitive, but any spelling differences on any earlier postings would not turn up a match.

Pinguinite  posted on  2009-10-14   13:46:26 ET  Reply   Trace   Private Reply  


#23. To: Hayek Fan (#0)

Let's not blame this on Obama. About ten years ago the District of Columbia city council adopted a new law for DC that authorizes doctors to "harvest" corneas from the newly dead without even bothering to check if the deceased or his family had consented to organ donation. In other words, in theory at least, everyone who died in DC would be buried without their corneas. And that was ten years ago.

Shoonra  posted on  2009-10-14   14:37:13 ET  Reply   Trace   Private Reply  


#24. To: Elliott Jackalope (#20)

"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)‡

ghostdogtxn  posted on  2009-10-14   14:39:59 ET  Reply   Trace   Private Reply  


#25. To: Pinguinite (#22)

"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)‡

ghostdogtxn  posted on  2009-10-14   14:44:34 ET  Reply   Trace   Private Reply  


#26. To: Shoonra (#23)

Let's not blame this on Obama.

Maybe you missed the first sentence?

"President Obama 's newly confirmed regulatory czar defended the possibility of removing organs from terminally ill patients without their permission."

He wasn't talking about doing this in DC. He was talking about national policy. I don't give a damn what the DC city council did. If the people of DC are stupid enough to allow it to happen then they deserve whatever they get.

My concern is the "possibility of removing organs from terminally ill patients without their permission." Regardless of what this statist fuck believes, American citizens do not belong to the state and cannot be arbitrarily cut-up, parceled and redistributed to whomever the government feels needs our parts the most. The government does not own me, alive or dead.

You partisans will allow the government to do anything won't you. You are as bad as you Republicrat counterparts. If this were Ashcroft making this claim you'd be screaming "NAZI!" at the top of your lungs.

"The Central Intelligence Agency owns everyone of any significance in the major media." ~ William Colby, Director, CIA 1973–1976

The purpose of the legal system is to protect the elites from the wrath of those they plunder.- ghostdogtxn and Elliott Jackalope

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." - Frederic Bastiat

F.A. Hayek Fan  posted on  2009-10-14   14:55:59 ET  Reply   Trace   Private Reply  


#27. To: Hayek Fan (#26)

Maybe you missed the first sentence?

Heh, I like the way you used the word "maybe" in such a knowingly cynical way. Doubleplus good!

MapQuest really needs to start their directions on #5. Pretty sure I know how to get out of my neighborhood.

SonOfLiberty  posted on  2009-10-14   14:57:16 ET  Reply   Trace   Private Reply  


#28. To: christine (#21)

outrage? you must be kidding. except for the Ron Paul faction, the "eunichs" are onboard with the anti-america(n) agenda including support of czars. traitors ALL.

And people wonder why Dubya was so despised? He, the RNC and their puppetmeisters LET this happen. Yes, treasonous scum - (my number is 96.3% of them ;-)

Doesn't ANYBODY have big enough set of...er... ovaries to stop this madness??!!??

Liberator  posted on  2009-10-14   16:18:52 ET  Reply   Trace   Private Reply  


#29. To: Hayek Fan (#0) (Edited)

Remember folks, the little people are Cattle in the eyes of the UN, and NWO. Didn't anyone bother to vet these crazies? People talk about the CIA, and FBI being our protectors, and yet neither one of these agencies has stopped the destruction of this country's values, morals, and more important, liberty.

If anything they have worked hand in hand with the powers that be to help undermine, and destroy what freedom we have, by allowing the greatest travesties to occur in this country.

It is important that Americans understand that they are not represented by anyone, and that this government isn't theirs. It's someone else's who thinks they own our country, and the people in it. They think they own us, our property, our wealth, and now even our bodies. Nobody owns my body, my mind, my soul, and I certainly am unwilling to give these traitors my loyalty.

I am a man without a country, or a government. I am a sovereign individual, and I will not be subservient or compliant to those who would steal from me everything I possess, and then my body and blood so they can have just a little more life.

It is time to water the tree of liberty, and water it liberally.

Better to be hated for what you are, than loved for what you are not.

TommyTheMadArtist  posted on  2009-10-14   16:28:12 ET  Reply   Trace   Private Reply  


#30. To: TommyTheMadArtist (#29)

"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)‡

ghostdogtxn  posted on  2009-10-14   16:30:07 ET  Reply   Trace   Private Reply  


#31. To: ghostdogtxn (#30)

Whoops, sorry about the spelling error.

Better to be hated for what you are, than loved for what you are not.

TommyTheMadArtist  posted on  2009-10-14   16:30:46 ET  Reply   Trace   Private Reply  


#32. To: Hayek Fan, *libertarians* (#0)

ping

http://www.moola.com:80/moopubs/b2b/exc/join.jsp?sid=4d6a55744e5451354e7a673d-2

freepatriot32  posted on  2009-10-14   16:42:03 ET  Reply   Trace   Private Reply  


#33. To: ghostdogtxn, Pinguinite, Hayek Fan (#25)

I was pretty sure that I did, in fact come up with that quote, and here's why: I came up with a really good idea a couple of decades ago. I put together a team of engineers, and we worked on securing funding while pooling our resources to build a prototype. In the process we ended up talking with certain "venture capital" people, and ended up doing "due diligence" with them. They raked us over the coals for weeks, picking our brains for every single bit of information they could, then told us they "were not interested".

Three months later they publicly announced the creation of a new company, doing exactly what we were trying to do. We got to spend the next five years pursuing the matter in court. In the process we discovered that they had the advantage over us every single step of the way during those proceedings. Eventually we were quite literally forced by the courts to accept a truly miserly settlement (compared to the value of what was taken from us) and they got to keep what they stole.

Imagine being in a position where you go to rob a bank, and get away with 100,000 dollars. You get caught, and as your "punishment" you are told by the courts to repay ten dollars and you get to keep the rest. That's roughly comparable to what was done to us. To this day I can't even think about it too much without getting extremely upset. What really sucked was not how badly we were ripped off by the wealthy and well-connected, the worst part of it all was how routine it all is. Believe me, that quote came at a very high price.

Anyways, this is why I go out of my way to not do to others what was done to me in any way whatsoever, and also why I tend to get rather defensive and proactive whenever anyone accuses me of doing any kind of intellectual property theft of any kind whatsoever.

Hayek Fan, you can go back to using that quote with the proper attribution, which is to me. Neil, thank you very much for sorting this out. Ghostdog, apology accepted. Please do not ever accuse me of taking anything ever again without being darn sure about it.

Gold and silver are REAL money, paper is but a promise.

Elliott Jackalope  posted on  2009-10-14   16:55:45 ET  Reply   Trace   Private Reply  


#34. To: Elliott Jackalope (#33)

"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)‡

ghostdogtxn  posted on  2009-10-14   17:02:42 ET  Reply   Trace   Private Reply  


#35. To: Elliott Jackalope, ghostdogtxn, Hayek Fan (#33)

A bummer of a story for sure. Sorry you endured it. I've been saying for a while now that the system is just plain broken. At least to it's intended purpose. I guess it's not broken for those whom it serves.

The patent laws, which are supposed to create an environment that rewards inventors for their inventions are particularly counterproductive and a huge embarrassment to anyone with a brain in their head.

Pinguinite  posted on  2009-10-14   20:26:21 ET  Reply   Trace   Private Reply  


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