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

IJ on the Individual Mandate

Views:1614
@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
    1089 views
    Thumbnail for Buyers remorse2:02
    Buyers remorse
    AOU
    3264 views
    Thumbnail for evolution of the gay landwhales0:15
    evolution of the gay landwhales
    voatcatbox
    192 views
    Thumbnail for J.S. Bach - Toccata and Fugue in D minor BWV 5659:20
    J.S. Bach - Toccata and Fugue in D minor BWV 565
    voatcatbox
    768 views
    Thumbnail for Basketball Americans attack referee2:16
    Basketball Americans attack referee
    bestoftalk.lol
    1305 views
    Thumbnail for She’s Just Like Her Mother and That’s a Bad Thing | Grunt Speak26:51
    She’s Just Like Her Mother and That’s a Bad Thing | Grunt Speak
    Terrence Popp
    696 views
    Thumbnail for ICE's No Tolerance Policy is Wreaking Havoc on Families and Clogging the Immigration System12:22
    ICE's No Tolerance Policy is Wreaking Havoc on Families and Clogging the Immigration System
    ReasonVids
    1175 views
    Thumbnail for Gymnastics mic drop0:10
    Gymnastics mic drop
    voatcatbox
    1614 views
    Thumbnail for TOP 3 TOOL DRUM BEATS EVERY DRUMMER SHOULD KNOW | Stephen Taylor16:37
    TOP 3 TOOL DRUM BEATS EVERY DRUMMER SHOULD KNOW | Stephen Taylor
    invidious1
    609 views
    Thumbnail for How these impossibly thin cuts are made | Steve Mould9:37
    How these impossibly thin cuts are made | Steve Mould
    invidious1
    838 views
    Thumbnail for The Toughest Zeepkist Super League Submission Ever? - Kick or Clutch Ep. 803 | OwlPlague12:01
    The Toughest Zeepkist Super League Submission Ever? - Kick or Clutch Ep. 803 | OwlPlague
    Invidious9
    526 views
    Thumbnail for 💥No Talk Only Look🔥Small minded guy Feared😥Girls Power Attitude💪😡#viralshorts #womenpower #movilyfan | movilyfan0:53
    💥No Talk Only Look🔥Small minded guy Feared😥Girls Power Attitude💪😡#viralshorts #womenpower #movilyfan | movilyfan
    invidious4
    185 views
    Thumbnail for HALLOWEEN HELL BOMB III | Shakas and Alohas7:24
    HALLOWEEN HELL BOMB III | Shakas and Alohas
    Invidious8
    54 views
    Thumbnail for Klaus Schwab Praises CCP's China As "Role Model For Many Countries" | Memology 1011:01
    Klaus Schwab Praises CCP's China As "Role Model For Many Countries" | Memology 101
    Invidious8
    50 views
    Thumbnail for OOTD starring animal avalanche 🦮🐿️ | vonthedon13:48
    OOTD starring animal avalanche 🦮🐿️ | vonthedon
    VonthedonFan
    105 views
    Thumbnail for Marvel Studios’ Thunderbolts* | Teaser Trailer | Only In Theaters May 2025 | Marvel Entertainment0:58
    Marvel Studios’ Thunderbolts* | Teaser Trailer | Only In Theaters May 2025 | Marvel Entertainment
    invidious1
    455 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