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

IJ on the Individual Mandate

Views:1627
@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
    1090 views
    Thumbnail for It's now illegal to trash talk Land Rovers in England.0:31
    It's now illegal to trash talk Land Rovers in England.
    bestofupgoat
    334 views
    Thumbnail for Orwell tried to warn us1:06
    Orwell tried to warn us
    bestofupgoat
    104 views
    Thumbnail for TEKNEIN | Nas Waltz (Untermix) remix - Gypsycrusader theme4:56
    TEKNEIN | Nas Waltz (Untermix) remix - Gypsycrusader theme
    AOU
    2015 views
    Thumbnail for Singularity University's Salim Ismail on the Age of Technological Disruption5:19
    Singularity University's Salim Ismail on the Age of Technological Disruption
    ReasonVids
    1194 views
    Thumbnail for Why Republicans Should Vote Libertarian This Year, According to Libertarian Party Members3:47
    Why Republicans Should Vote Libertarian This Year, According to Libertarian Party Members
    ReasonVids2
    1226 views
    Thumbnail for ECE GÜREL’E NE OLDU ?? | Özlem Gürses1:07:09
    ECE GÜREL’E NE OLDU ?? | Özlem Gürses
    invidious1
    382 views
    Thumbnail for Pearl Jam - Alive (From the BBC) | PearljamVEVO5:39
    Pearl Jam - Alive (From the BBC) | PearljamVEVO
    music.topic
    100 views
    Thumbnail for Vegeta Don't know if It's Over 9000 Alternate Takes - TeamFourStar (TFS) | Juicy Sweet1:36
    Vegeta Don't know if It's Over 9000 Alternate Takes - TeamFourStar (TFS) | Juicy Sweet
    Invidious8
    49 views
    Thumbnail for Super Glue and Baking soda ! Pour Glue on Baking soda and Amaze With Results | Inventor 1014:34
    Super Glue and Baking soda ! Pour Glue on Baking soda and Amaze With Results | Inventor 101
    invidious
    662 views
    Thumbnail for Insane Coding Camp Sues Their Critics For Being Right | Coffeezilla12:43
    Insane Coding Camp Sues Their Critics For Being Right | Coffeezilla
    invidious1
    111 views
    Thumbnail for DSP's Pigroach Diet #1 - Mexican Fries (wait, wuat?)7:17
    DSP's Pigroach Diet #1 - Mexican Fries (wait, wuat?)
    memology101
    1599 views
    Thumbnail for LoadUp Modern Junk Removal | LoadUp0:31
    LoadUp Modern Junk Removal | LoadUp
    Invidious8
    55 views
    Thumbnail for Kennedy's Crappy Parenting | Worst Dads in History #shorts | Extra History1:00
    Kennedy's Crappy Parenting | Worst Dads in History #shorts | Extra History
    invidious1
    446 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