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

IJ on the Individual Mandate

Views:1798
@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
    1128 views
    Thumbnail for 9/11's Lesson: War Doesn’t Work58:07
    9/11's Lesson: War Doesn’t Work
    ReasonVids
    1848 views
    Thumbnail for How to Build Infrastructure During an Age of Sequester: Reason Foundation's Robert W. Poole25:24
    How to Build Infrastructure During an Age of Sequester: Reason Foundation's Robert W. Poole
    ReasonVids
    1807 views
    Thumbnail for America's Future Foundation: Roger Custer on Millennial and the Liberty Movement5:35
    America's Future Foundation: Roger Custer on Millennial and the Liberty Movement
    ReasonVids3
    1876 views
    Thumbnail for Cancer Patients' Constitutional Challenge to the Allow Compensation for Marrow Donation2:39
    Cancer Patients' Constitutional Challenge to the Allow Compensation for Marrow Donation
    IJvids
    1871 views
    Thumbnail for March for Our Lives Kids Don’t Know Their Schools Are Actually Really Safe2:46
    March for Our Lives Kids Don’t Know Their Schools Are Actually Really Safe
    ReasonVids
    1145 views
    Thumbnail for HUGE EGGS Surprise Toys Challenge with Inflatable water slide | Ryan's World5:57
    HUGE EGGS Surprise Toys Challenge with Inflatable water slide | Ryan's World
    kids.topic
    496 views
    Thumbnail for PAINT EXPLOSION Vs. 10,000 T-Shirts! | How Ridiculous17:07
    PAINT EXPLOSION Vs. 10,000 T-Shirts! | How Ridiculous
    Invidious8
    124 views
    Thumbnail for Beta orbiter cucks on their way to seethe and pee their panties0:15
    Beta orbiter cucks on their way to seethe and pee their panties
    bestofvoatxyz
    1109 views
    Thumbnail for king gizzard in a nutshell | just shenanigans0:39
    king gizzard in a nutshell | just shenanigans
    Invidious8
    98 views
    Thumbnail for CSK KA 2010 WALA COMEBACK 😂 ROHIT NE KOOT DIYA 🔥 MI NE POINTS TABLE PALAT DIYA 😱 MI VS CSK 2025 | AB Cricinfo1:40:40
    CSK KA 2010 WALA COMEBACK 😂 ROHIT NE KOOT DIYA 🔥 MI NE POINTS TABLE PALAT DIYA 😱 MI VS CSK 2025 | AB Cricinfo
    invidious1
    409 views
    Thumbnail for Last Night's Democratic Town Hall in 90 Seconds1:52
    Last Night's Democratic Town Hall in 90 Seconds
    ReasonVids
    1568 views
    Thumbnail for Apple authorized resellers can sell knockoff airpods? | Louis Rossmann1:35
    Apple authorized resellers can sell knockoff airpods? | Louis Rossmann
    invidious1
    1434 views
    Thumbnail for "I am not a robot" captcha is getting too hard... | Nathan Doan Comedy3:21
    "I am not a robot" captcha is getting too hard... | Nathan Doan Comedy
    Invidious8
    146 views
    Thumbnail for Deep dive axial shift opinion1:36
    Deep dive axial shift opinion
    bestofvoatxyz
    1228 views
    Thumbnail for This Light Can Erase Color! | The Action Lab4:13
    This Light Can Erase Color! | The Action Lab
    Invidious8
    105 views
    Thumbnail for #4 Wake Up || THIS IS FRANK | THIS IS FRANK1:30
    #4 Wake Up || THIS IS FRANK | THIS IS FRANK
    invidious
    1363 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    352 views
    Thumbnail for Central Radio Company, Inc., et al. v. City of Norfolk, Virginia press conference8:04
    Central Radio Company, Inc., et al. v. City of Norfolk, Virginia press conference
    IJvids
    1798 views
    Thumbnail for Trump HUMILIATES over latest failed grift | Brian Tyler Cohen0:55
    Trump HUMILIATES over latest failed grift | Brian Tyler Cohen
    Invidious7
    1211 views
    Thumbnail for Dana White on Joe Rogan | Lex Fridman Podcast Clips | Lex Clips6:29
    Dana White on Joe Rogan | Lex Fridman Podcast Clips | Lex Clips
    LexFan
    226 views
    Thumbnail for Nigress gets honked on, to the delight of the monkey peanut gallery0:24
    Nigress gets honked on, to the delight of the monkey peanut gallery
    bestofvoatxyz
    1565 views
    Thumbnail for MASS SHOOTING!! Foot Locker. 2 DEAD. 4 Shot. Police. ARMED SUSPECT. Detroit Michigan. LIVE. | JLR© INVESTIGATES!1:00
    MASS SHOOTING!! Foot Locker. 2 DEAD. 4 Shot. Police. ARMED SUSPECT. Detroit Michigan. LIVE. | JLR© INVESTIGATES!
    Invidious9
    472 views
    Thumbnail for I couldn't afford Halo Infinite, so I made it myself | LowLevelLemmy8:10
    I couldn't afford Halo Infinite, so I made it myself | LowLevelLemmy
    invidious
    1161 views
    Thumbnail for Hayek Institute's Barbara Kolm on the Eurozone Crisis5:04
    Hayek Institute's Barbara Kolm on the Eurozone Crisis
    ReasonVids
    1426 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