• [ network ]
  • submatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

IJ on the Individual Mandate

Views:1989
@IJvids

Listen to an in-depth podcast about this subject here: http://ij.org/freedomcast/4336-mutual-consent-how-the-individual-mandate-runs-counter-to-the-history-contracts-in-america

If government-mandated health insurance is upheld by the U.S. Supreme Court after the Patient Protection and Affordable Care Act (PPACA) case is argued in March 2012, the Institute for Justice warns in its amicus brief that there will be dire and predictable threats to individual liberty and voluntary relations that have been the foundation of American contract law for centuries.

Constitutional law professor Elizabeth Price Foley, who is the executive director of the Institute's Florida Chapter and who co-authored IJ's brief, said, "The individual mandate violates a cardinal rule of contract law—to be enforceable, all agreements must be voluntary. The Framers understood this, and would never have given the federal government the power to force individuals into lifelong contracts of insurance. The Court should not allow the government to exercise this unprecedented and dangerous power."

As IJ's brief shows, the principle of mutual assent, under which both parties must consent for a contract to be valid, is a fundamental principle of contract law that was well understood during the Founding era and is still a cornerstone of contract law today. Indeed, contracts entered under duress have long been held to be invalid. Yet the mandate forces individuals to enter into contracts of insurance that would never be valid under this longstanding principle. (For a copy of IJ's brief, visit: www.ij.org/PPACAbrief.)

If the U.S. Supreme Court fails to strike down the individual mandate, there will be nothing to stop Congress from forcing people into other contracts against their will—employment contracts or union membership, for example. If we still have a constitutional republic in which the federal government's powers are limited, then the Court should strike down this law.

The Institute for Justice's brief is the only amicus brief filed with the Court that examines this case in the context of the history of contract law. The brief illustrates how the Supreme Court has recognized the principle of consent in commercial relations in its Commerce Clause and Tenth Amendment cases, and it explains why the U.S. Supreme Court has a key role in acting as a check against this unconstitutional power grab by the federal government.
Donate to IJ: https://ij.org/support/give-now/

ppaca
,
individual mandate
,
obamacare
,
healthcare reform
,
and health insurance reform
,
institute for justice
,
amicus brief
,
elizabeth price foley
    Thumbnail for IJ on the Stossel Show 9-9-100:50
    IJ on the Stossel Show 9-9-10
    IJvids
    1202 views
    Thumbnail for They are claiming a plane has crashed in Philadelphia. But does this look like a plane crash to you?0:14
    They are claiming a plane has crashed in Philadelphia. But does this look like a plane crash to you?
    bestofupgoat
    476 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    662 views
    Thumbnail for Achieving Retirement Planning Goals1:00
    Achieving Retirement Planning Goals
    savvyfinanceguide
    319 views
    Thumbnail for The most respectful POW capture I've seen2:01
    The most respectful POW capture I've seen
    bestofupgoat
    806 views
    Thumbnail for Two street shitters get turned into street shit.0:21
    Two street shitters get turned into street shit.
    bestofvoatxyz
    882 views
    Thumbnail for =͟͟͞͞➳❥내 손을 뻗어 잡은 운명선🧶#LOVELINEChallenge #NiziU #니쥬#RIO #리오 #MAYUKA #마유카#MIIHI #미이히 #NiziU_LOVELINE | NiziU Official0:18
    =͟͟͞͞➳❥내 손을 뻗어 잡은 운명선🧶#LOVELINEChallenge #NiziU #니쥬#RIO #리오 #MAYUKA #마유카#MIIHI #미이히 #NiziU_LOVELINE | NiziU Official
    Invidious7
    490 views
    Thumbnail for WORLD ORDER in New York | WORLD ORDER4:42
    WORLD ORDER in New York | WORLD ORDER
    Invidious10
    104 views
    Thumbnail for What are AI Agents? | IBM Technology12:29
    What are AI Agents? | IBM Technology
    Invidious10
    185 views
    Thumbnail for Affirmative action White House press nigger can’t answer basic questions1:58
    Affirmative action White House press nigger can’t answer basic questions
    bestofvoatxyz
    1718 views
    Thumbnail for Welcome To An Immutable Future? | The Linux Cast25:27
    Welcome To An Immutable Future? | The Linux Cast
    Invidious8
    187 views
    Thumbnail for I created SUPER MARIO 64 in Rocket League | Lethamyr24:43
    I created SUPER MARIO 64 in Rocket League | Lethamyr
    Invidious8
    183 views
    Thumbnail for Why US Bond Yields Are Surging (Again) | TLDR News Global8:55
    Why US Bond Yields Are Surging (Again) | TLDR News Global
    Invidious8
    165 views
    Thumbnail for Tom Bevan Talks Real Clear Politics and Election Polling5:52
    Tom Bevan Talks Real Clear Politics and Election Polling
    ReasonVids
    1415 views
    Thumbnail for How to wash non-organic fruit0:36
    How to wash non-organic fruit
    invidious
    492 views
    Thumbnail for The sheer level amount of wtfuckness is epic1:30
    The sheer level amount of wtfuckness is epic
    bestofupgoat
    447 views
    Thumbnail for Force on Force Training, Pepper Balls and Rubber Impact Rounds | hard2hurt19:55
    Force on Force Training, Pepper Balls and Rubber Impact Rounds | hard2hurt
    invidious
    784 views

points

Permalink
Reply
ppaca
,
individual mandate
,
obamacare
,
healthcare reform
,
and health insurance reform
,
institute for justice
,
amicus brief
,
elizabeth price foley
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle