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

IJ on the Individual Mandate

Views:1400
@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
    Movie Night
    Thumbnail for IJ on the Stossel Show 9-9-100:50
    IJ on the Stossel Show 9-9-10
    IJvids
    1012 views
    Thumbnail for Lee Doren - Author of "Please Enroll Responsibly" and How the World Works4:17
    Lee Doren - Author of "Please Enroll Responsibly" and How the World Works
    ReasonVids
    1328 views
    Thumbnail for Poems About Other Things4:59
    Poems About Other Things
    birdpoem
    1583 views
    Thumbnail for Trigger Warnings, Campus Speech, and the Right to Not Be Offended4:49
    Trigger Warnings, Campus Speech, and the Right to Not Be Offended
    ReasonVids3
    1196 views
    Thumbnail for 11/27 飲みながら言いたい放題しようぜLive | 丸山穂高 Channel1:00
    11/27 飲みながら言いたい放題しようぜLive | 丸山穂高 Channel
    invidious1
    316 views
    Thumbnail for Just ignore that vague feeling of existential dread. It doesn't mean anything. 1:07
    Just ignore that vague feeling of existential dread. It doesn't mean anything.
    voatcatbox
    954 views
    Thumbnail for The Dumbest Connectors Ever | Techquickie6:36
    The Dumbest Connectors Ever | Techquickie
    invidious1
    920 views
    Thumbnail for CORINTHIANS PREOCUPA TORCIDA APÓS ESTREIA NA LIBERTADORES | JOGADORES FALAM SOBRE EMPATE | Meu Timão1:59:56
    CORINTHIANS PREOCUPA TORCIDA APÓS ESTREIA NA LIBERTADORES | JOGADORES FALAM SOBRE EMPATE | Meu Timão
    invidious1
    299 views
    Thumbnail for Topkek0:14
    Topkek
    AOUisgay
    840 views
    Thumbnail for 🔴[LIVE] Xuất hiện áp thấp nhiệt đới trên Biển Đông | Báo Điện tử VOV | Báo Điện tử VOV18:42:10
    🔴[LIVE] Xuất hiện áp thấp nhiệt đới trên Biển Đông | Báo Điện tử VOV | Báo Điện tử VOV
    Invidious7
    281 views
    Thumbnail for The Computers That Heat Homes | Techquickie4:04
    The Computers That Heat Homes | Techquickie
    Invidious8
    616 views
    Thumbnail for Why the Lights Are Still Off in Puerto Rico4:51
    Why the Lights Are Still Off in Puerto Rico
    ReasonVids2
    1132 views
    Thumbnail for Cops HARASS Veteran For Negative Posts About ISRAEL! w/ James Corbett | The Jimmy Dore Show12:32
    Cops HARASS Veteran For Negative Posts About ISRAEL! w/ James Corbett | The Jimmy Dore Show
    invidious3
    161 views
    Thumbnail for Now off to a five star hotel now1:46
    Now off to a five star hotel now
    bestofupgoat
    282 views
    Thumbnail for Talented0:24
    Talented
    bestofupgoat
    82 views
    Thumbnail for Charles Manson on the hate that held up a fellow inmate1:51
    Charles Manson on the hate that held up a fellow inmate
    bestofpoal
    2040 views
    Thumbnail for Planet of the Apes - Fried Chicken Parking Lot0:50
    Planet of the Apes - Fried Chicken Parking Lot
    AOU
    2957 views
    Thumbnail for So, how are we doing the copper top? | Escape to rural France8:48
    So, how are we doing the copper top? | Escape to rural France
    invidious
    254 views
    Thumbnail for Try Not To Laugh Ț̴̈́r̷̹͐y̸̪͝ ̴̳̔Ņ̴͌o̴̹̕t̴̪͌ ̴̼͘T̶̠͝o̸͔̅ ̷̘̽L̶͌ͅâ̶̦u̴͓͊g̵̫̍h̵̭͊!̸̯̕ | PewDiePie15:39
    Try Not To Laugh Ț̴̈́r̷̹͐y̸̪͝ ̴̳̔Ņ̴͌o̴̹̕t̴̪͌ ̴̼͘T̶̠͝o̸͔̅ ̷̘̽L̶͌ͅâ̶̦u̴͓͊g̵̫̍h̵̭͊!̸̯̕ | PewDiePie
    invidious
    608 views
    Thumbnail for Take note that the nigger is not a bit worried with the man he killed. He's only thinking about his own fate.0:31
    Take note that the nigger is not a bit worried with the man he killed. He's only thinking about his own fate.
    AOUisgay
    621 views
    Thumbnail for When you’re betrayed by your dogs | Lisa Nguyen0:42
    When you’re betrayed by your dogs | Lisa Nguyen
    invidious1
    421 views
    Thumbnail for this pink rabbit has a potty mouth || Getting Over It | Pipkin Pippa Ch.【Phase Connect】3:38:04
    this pink rabbit has a potty mouth || Getting Over It | Pipkin Pippa Ch.【Phase Connect】
    Invidious6
    988 views
    Thumbnail for A two tier justice system1:08
    A two tier justice system
    bestofupgoat
    367 views
    Thumbnail for Ex Cop: Everyone Behaves Better When They're on Video5:43
    Ex Cop: Everyone Behaves Better When They're on Video
    ReasonVids2
    1301 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