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

IJ on the Individual Mandate

Views:1386
@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
    1005 views
    Thumbnail for Lee Doren - Author of "Please Enroll Responsibly" and How the World Works4:17
    Lee Doren - Author of "Please Enroll Responsibly" and How the World Works
    ReasonVids
    1317 views
    Thumbnail for Cops HARASS Veteran For Negative Posts About ISRAEL! w/ James Corbett | The Jimmy Dore Show12:32
    Cops HARASS Veteran For Negative Posts About ISRAEL! w/ James Corbett | The Jimmy Dore Show
    invidious3
    159 views
    Thumbnail for So, how are we doing the copper top? | Escape to rural France8:48
    So, how are we doing the copper top? | Escape to rural France
    invidious
    247 views
    Thumbnail for Fifty Shades of Comey3:02
    Fifty Shades of Comey
    ReasonVids
    1082 views
    Thumbnail for "We are a people that has been kicked out of every place we've ever lived for 2000 years. Every, single, place"0:08
    "We are a people that has been kicked out of every place we've ever lived for 2000 years. Every, single, place"
    bestofupgoat
    305 views
    Thumbnail for The Plight of the Alpha Female: Kay Hymowitz9:27
    The Plight of the Alpha Female: Kay Hymowitz
    ReasonVids3
    1282 views
    Thumbnail for More and more people are exhibiting strange behaviors then dying in the same mysterious way | Compilation of the Death-Spin24:22
    More and more people are exhibiting strange behaviors then dying in the same mysterious way | Compilation of the Death-Spin
    bestofsaidit
    1186 views
    Thumbnail for Court Argument: Compensate Bone Marrow Donors to Save Lives2:31
    Court Argument: Compensate Bone Marrow Donors to Save Lives
    IJvids
    1228 views
    Thumbnail for Homer's typing Bird3:33
    Homer's typing Bird
    clips
    1479 views
    Thumbnail for 24K Pure Gold Foil Ball | Cody'sLab9:22
    24K Pure Gold Foil Ball | Cody'sLab
    invidious1
    825 views
    Thumbnail for China setting stage for war.19:57
    China setting stage for war.
    allAheadFull
    685 views
    Thumbnail for ‘TikTok refugees’ flock to another Chinese app | Washington Post Universe0:47
    ‘TikTok refugees’ flock to another Chinese app | Washington Post Universe
    Invidious7
    263 views
    Thumbnail for A two tier justice system1:08
    A two tier justice system
    bestofupgoat
    364 views
    Thumbnail for Poems About Other Things4:59
    Poems About Other Things
    birdpoem
    1569 views
    Thumbnail for Jeet explains the problem with jeets1:44
    Jeet explains the problem with jeets
    bestofupgoat
    467 views
    Thumbnail for Now off to a five star hotel now1:46
    Now off to a five star hotel now
    bestofupgoat
    280 views
    Thumbnail for Apple authorized resellers can sell knockoff airpods? | Louis Rossmann1:35
    Apple authorized resellers can sell knockoff airpods? | Louis Rossmann
    invidious1
    771 views
    Thumbnail for Where is America? | Jay Foreman8:18
    Where is America? | Jay Foreman
    invidious
    109 views
    Thumbnail for County Shuts Down Woman's Public Pantry Used to Share Food with Neighbors1:29
    County Shuts Down Woman's Public Pantry Used to Share Food with Neighbors
    IJvids
    1199 views
    Thumbnail for The Men Who Promised the Impossible: Unlimited Energy | BobbyBroccoli1:04:53
    The Men Who Promised the Impossible: Unlimited Energy | BobbyBroccoli
    science.topic
    286 views
    Thumbnail for 🔴 [LIVE] หนุ่มร้อง แม่ถูกตุ๋นเงิน 2.3 ล้านบาท เคราะห์ซ้ำ ! ตร.ตบทรัพย์ 1.5 แสน ค่าทำคดี #ถกไม่เถียง | terodigital1:05:00
    🔴 [LIVE] หนุ่มร้อง แม่ถูกตุ๋นเงิน 2.3 ล้านบาท เคราะห์ซ้ำ ! ตร.ตบทรัพย์ 1.5 แสน ค่าทำคดี #ถกไม่เถียง | terodigital
    invidious1
    274 views
    Thumbnail for Color of Crime11:12
    Color of Crime
    AmericanRenaissance
    1764 views
    Thumbnail for Inside America's First Restaurant for Weed3:11
    Inside America's First Restaurant for Weed
    ReasonVids2
    1165 views
    Thumbnail for Wahmen playing video games was always a mistake 0:59
    Wahmen playing video games was always a mistake
    bestofupgoat
    885 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