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

IJ on the Individual Mandate

Views:1743
@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
    1118 views
    Thumbnail for Comic-Con, Cosplay, and Self-Expression2:30
    Comic-Con, Cosplay, and Self-Expression
    ReasonVids2
    2008 views
    Thumbnail for Australia's Insane Social Media Ban | ColdFusion14:44
    Australia's Insane Social Media Ban | ColdFusion
    invidious
    1069 views
    Thumbnail for The 5 Dumbest Laws Restricting the Sale of Booze3:42
    The 5 Dumbest Laws Restricting the Sale of Booze
    ReasonVids
    1480 views
    Thumbnail for Donald Trump: Law and Order Candidate0:16
    Donald Trump: Law and Order Candidate
    ReasonVids
    1593 views
    Thumbnail for Knuckles tries to blend a baby | Seven_VII0:12
    Knuckles tries to blend a baby | Seven_VII
    Invidious8
    114 views
    Thumbnail for 🔴LIVE: AP NEWS TIME | देश र दुनियाँका मुख्य समाचार | चैत १६ , शनिबार दिउँसो ३ बजे | AP1 HD28:59
    🔴LIVE: AP NEWS TIME | देश र दुनियाँका मुख्य समाचार | चैत १६ , शनिबार दिउँसो ३ बजे | AP1 HD
    invidious1
    411 views
    Thumbnail for It's Hard to Gross Out a Libertarian: Jonathan Haidt on Sex, Politics, and Disgust34:52
    It's Hard to Gross Out a Libertarian: Jonathan Haidt on Sex, Politics, and Disgust
    ReasonVids2
    1736 views
    Thumbnail for Arizona Golf Association Membership Video | Arizona Golf Association1:21
    Arizona Golf Association Membership Video | Arizona Golf Association
    Invidious8
    94 views
    Thumbnail for The Future of School Choice58:26
    The Future of School Choice
    ReasonVids
    1418 views
    Thumbnail for A Trick With TWO Cuts | Vsauce0:48
    A Trick With TWO Cuts | Vsauce
    Invidious7
    542 views
    Thumbnail for Economic Growth, Coherent Foreign Policy, Trust in Govt: What WON'T Be Settled Today3:57
    Economic Growth, Coherent Foreign Policy, Trust in Govt: What WON'T Be Settled Today
    ReasonVids
    1638 views
    Thumbnail for What is in store for LEAP zones in Honduras? Q&A with presidentail advisor Mark Klugman6:47
    What is in store for LEAP zones in Honduras? Q&A with presidentail advisor Mark Klugman
    ReasonVids2
    1734 views
    Thumbnail for Simplified Chess | Chess Artist4:55
    Simplified Chess | Chess Artist
    Invidious8
    116 views
    Thumbnail for Judge Issues MASS GAG ORDER In Kirk Assassination Case! | The Jimmy Dore Show15:50
    Judge Issues MASS GAG ORDER In Kirk Assassination Case! | The Jimmy Dore Show
    invidious3
    291 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    268 views
    Thumbnail for The Whitest Kids U' Know - Season 1 Episode 1 (full episode) | Arkfeller21:54
    The Whitest Kids U' Know - Season 1 Episode 1 (full episode) | Arkfeller
    Invidious8
    78 views
    Thumbnail for 【Thief Simulator 2】警察に捕まりたくないので見逃してください。怪盗F【ホロライブ/白上フブキ】 | フブキCh。白上フブキ2:14:52
    【Thief Simulator 2】警察に捕まりたくないので見逃してください。怪盗F【ホロライブ/白上フブキ】 | フブキCh。白上フブキ
    Invidious8
    101 views
    Thumbnail for When Posts Reach The Wrong Audience 🥀 Cooked By Instagram Comments #12 | woter11:01
    When Posts Reach The Wrong Audience 🥀 Cooked By Instagram Comments #12 | woter
    MemeComps
    328 views
    Thumbnail for Donald Trump rally at Latrobe airport | WJACTV1:00
    Donald Trump rally at Latrobe airport | WJACTV
    invidious1
    507 views
    Thumbnail for Watters: Democrats say we haven’t accomplished much… #shorts #usa #news #iran #politics | Fox News0:20
    Watters: Democrats say we haven’t accomplished much… #shorts #usa #news #iran #politics | Fox News
    Invidious7
    177 views
    Thumbnail for Pfizer, blanked out pages | Dr. John Campbell15:30
    Pfizer, blanked out pages | Dr. John Campbell
    Invidious8
    110 views
    Thumbnail for Can Science Reverse Aging?8:05
    Can Science Reverse Aging?
    ReasonVids2
    1097 views
    Thumbnail for Rizzle Kicks - Happy That You're Here (Christmas Song) | Rizzle Kicks3:29
    Rizzle Kicks - Happy That You're Here (Christmas Song) | Rizzle Kicks
    invidious3
    274 views
    Thumbnail for How to Open a Coconut & Remove the Meat (No Hammer/Screwdriver Needed) | Khalil Omar6:50
    How to Open a Coconut & Remove the Meat (No Hammer/Screwdriver Needed) | Khalil Omar
    Invidious8
    142 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