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

IJ on the Individual Mandate

Views:1915
@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
    1170 views
    Thumbnail for Government ‘For the People’?11:50
    Government ‘For the People’?
    AmericanRenaissance
    1341 views
    Thumbnail for Live! #ตาสว่างกว่า ส้มไม่ร่วมม็อบแดง-เหลืองนอกสภา ศาลโลกออกหมายจับอ่องลายทั้งโลก  Ep.256 28 พ.ย.67 | SiroteTalk1:38:43
    Live! #ตาสว่างกว่า ส้มไม่ร่วมม็อบแดง-เหลืองนอกสภา ศาลโลกออกหมายจับอ่องลายทั้งโลก Ep.256 28 พ.ย.67 | SiroteTalk
    Invidious8
    245 views
    Thumbnail for Ending the Classroom Factory Model: How Technology Will Personalize Education4:55
    Ending the Classroom Factory Model: How Technology Will Personalize Education
    ReasonVids
    1836 views
    Thumbnail for Larry King on Ferguson Policing... and Nudity1:24
    Larry King on Ferguson Policing... and Nudity
    ReasonVids2
    1872 views
    Thumbnail for Law for Non-Lawyers – Due Process and Equal Protection31:57
    Law for Non-Lawyers – Due Process and Equal Protection
    IJvids
    1885 views
    Thumbnail for Freeing Small Farms: Institute for Justice & Minnesota Farmers Fight Protectionism2:49
    Freeing Small Farms: Institute for Justice & Minnesota Farmers Fight Protectionism
    IJvids
    1960 views
    Thumbnail for Play These Scriptures All Night And See What God Does | Daily Scripture1:00
    Play These Scriptures All Night And See What God Does | Daily Scripture
    invidious1
    535 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    535 views
    Thumbnail for Transgender Woman Arrested for Fraudulent Check and Bank Altercation | CrimeCamNow29:40
    Transgender Woman Arrested for Fraudulent Check and Bank Altercation | CrimeCamNow
    Invidious8
    148 views
    Thumbnail for Trying Meiji Japanese Fruit Gummies 🍇🍊🇯🇵 #gummy #gummies #japanesefood | eatsbyrachel0:39
    Trying Meiji Japanese Fruit Gummies 🍇🍊🇯🇵 #gummy #gummies #japanesefood | eatsbyrachel
    Invidious8
    198 views
    Thumbnail for Special Salah Goal 😱 | Liverpool FC0:18
    Special Salah Goal 😱 | Liverpool FC
    Invidious8
    146 views
    Thumbnail for War Photographers: Michael Kamber and Louie Palu on Iraq and Afghanistan9:07
    War Photographers: Michael Kamber and Louie Palu on Iraq and Afghanistan
    ReasonVids3
    1925 views
    Thumbnail for What We Saw at the People's Climate March3:18
    What We Saw at the People's Climate March
    ReasonVids
    1986 views
    Thumbnail for "You Stole America from the Indians"6:51
    "You Stole America from the Indians"
    AmericanRenaissance
    2636 views
    Thumbnail for Why Teaching How to Beat Polygraphs Can Land You in Jail4:01
    Why Teaching How to Beat Polygraphs Can Land You in Jail
    ReasonVids
    2407 views
    Thumbnail for The mystery of the squarest country | Jay Foreman8:14
    The mystery of the squarest country | Jay Foreman
    invidious1
    1359 views
    Thumbnail for Goku is Confuse & Can't Say "Big Gete Star" - TeamFourStar (TFS) | Juicy Sweet1:42
    Goku is Confuse & Can't Say "Big Gete Star" - TeamFourStar (TFS) | Juicy Sweet
    Invidious8
    152 views
    Thumbnail for The Plan | JACK AND HILLMAN4:01
    The Plan | JACK AND HILLMAN
    invidious1
    1202 views
    Thumbnail for Burke, et al. v. City of Chicago press conference.18:29
    Burke, et al. v. City of Chicago press conference.
    IJvids
    1877 views
    Thumbnail for Halo 2 Classic - Team Slayer - Lockout (XBOX ONE) | Mystical Gaming8:08
    Halo 2 Classic - Team Slayer - Lockout (XBOX ONE) | Mystical Gaming
    Invidious9
    742 views
    Thumbnail for 70 Year Old Escort On Her Strangest Requests | Honesty Box16:38
    70 Year Old Escort On Her Strangest Requests | Honesty Box
    invidious1
    683 views
    Thumbnail for ABC7 New York | Streaming Live1:00
    ABC7 New York | Streaming Live
    Invidious8
    609 views
    Thumbnail for Chess Gambits be like | Anomalice0:31
    Chess Gambits be like | Anomalice
    invidious1
    683 views
    Thumbnail for AI assistants for doctors | Morning Brew0:59
    AI assistants for doctors | Morning Brew
    Invidious8
    147 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