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

IJ on the Individual Mandate

Views:1851
@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
    1145 views
    Thumbnail for Manchild Piggino - UNITED STATES OF PHIL0:24
    Manchild Piggino - UNITED STATES OF PHIL
    memology101
    2208 views
    Thumbnail for The Dumbest Connectors Ever | Techquickie6:36
    The Dumbest Connectors Ever | Techquickie
    invidious1
    1652 views
    Thumbnail for Blueseed: The Googleplex of the Sea2:39
    Blueseed: The Googleplex of the Sea
    ReasonVids2
    1963 views
    Thumbnail for You Like That? NFL Week 5 Preview | ThatsGoodSports1:00:48
    You Like That? NFL Week 5 Preview | ThatsGoodSports
    Invidious8
    184 views
    Thumbnail for Press Conference in Texas Horse Teeth Case6:04
    Press Conference in Texas Horse Teeth Case
    IJvids
    1692 views
    Thumbnail for INJUSTICE 2 Walkthrough Gameplay Part 17 - Blue Beetle (Story Mode) | theRadBrad14:07
    INJUSTICE 2 Walkthrough Gameplay Part 17 - Blue Beetle (Story Mode) | theRadBrad
    invidious
    1365 views
    Thumbnail for From Trash to Treasure: Epic Sci-Fi Props Built with Cardboard | createscifi26:02
    From Trash to Treasure: Epic Sci-Fi Props Built with Cardboard | createscifi
    invidious3
    259 views
    Thumbnail for The Most Unique Muffins In the World! | Satvic Movement0:55
    The Most Unique Muffins In the World! | Satvic Movement
    Invidious7
    333 views
    Thumbnail for Libertarian To Be Elected? An Interview with Libertarian City Councilman Ed Coleman3:59
    Libertarian To Be Elected? An Interview with Libertarian City Councilman Ed Coleman
    ReasonVids
    1609 views
    Thumbnail for Jello Pudding Brain | Bettina Levy0:58
    Jello Pudding Brain | Bettina Levy
    invidious
    1481 views
    Thumbnail for Is the GOP Wooing Libertarians?1:43
    Is the GOP Wooing Libertarians?
    ReasonVids3
    1941 views
    Thumbnail for Hiker Gets Air Lifted Off Mountain Twice In One Week #funfact | Doug Sharpe0:47
    Hiker Gets Air Lifted Off Mountain Twice In One Week #funfact | Doug Sharpe
    invidious
    388 views
    Thumbnail for "The Skeptical Environmentalist": A Conversation with John Tierney and Bjorn Lomborg27:03
    "The Skeptical Environmentalist": A Conversation with John Tierney and Bjorn Lomborg
    ReasonVids3
    1786 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    460 views
    Thumbnail for What Should Have Happened at the Ketanji Brown Jackson Hearings6:26
    What Should Have Happened at the Ketanji Brown Jackson Hearings
    ReasonVids
    1883 views
    Thumbnail for 🔴 شاهد الآن مباراة لإحياء الأمل بين فريق شنكز وفريق أبو فلة | beIN SPORTS3:25:11
    🔴 شاهد الآن مباراة لإحياء الأمل بين فريق شنكز وفريق أبو فلة | beIN SPORTS
    invidious
    1459 views
    Thumbnail for Cops Against the Drug War: Jerry Cameron of LEAP6:06
    Cops Against the Drug War: Jerry Cameron of LEAP
    ReasonVids2
    2007 views
    Thumbnail for After Escobar: How the US Imposed its Own Drug War on Colombia26:22
    After Escobar: How the US Imposed its Own Drug War on Colombia
    ReasonVids2
    1519 views
    Thumbnail for South Africa - Value Warehouse on fire at Cato Ridge [2021/July]0:21
    South Africa - Value Warehouse on fire at Cato Ridge [2021/July]
    godiswhite
    1788 views
    Thumbnail for Stop Criminalizing Parenting: Free Range Kids' Lenore Skenazy on Fears over Child Safety12:09
    Stop Criminalizing Parenting: Free Range Kids' Lenore Skenazy on Fears over Child Safety
    ReasonVids3
    1700 views
    Thumbnail for THURSDAY | Jynxzi4:10:59
    THURSDAY | Jynxzi
    invidious1
    430 views
    Thumbnail for Go ahead, mom. Take away my Xbox. | sloth0:13
    Go ahead, mom. Take away my Xbox. | sloth
    invidious
    184 views
    Thumbnail for Play nigger games, win...?0:04
    Play nigger games, win...?
    bestofupgoat
    512 views
    Thumbnail for Minecraft Steve, do you have a crush on Alex? | Phoenix SC3:43
    Minecraft Steve, do you have a crush on Alex? | Phoenix SC
    Invidious8
    157 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