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

IJ on the Individual Mandate

Views:1599
@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
    1087 views
    Thumbnail for A Gamer in Congress: Q&A with Rep. Jared Polis (D-Colo.)11:55
    A Gamer in Congress: Q&A with Rep. Jared Polis (D-Colo.)
    ReasonVids3
    1509 views
    Thumbnail for Yuval Noah Harari of the WEF Says ‘Humans Must Plug Themselves Into Our Matrix or Die’ — Until then he wants you on drugs and playing video games (08:10)1:20
    Yuval Noah Harari of the WEF Says ‘Humans Must Plug Themselves Into Our Matrix or Die’ — Until then he wants you on drugs and playing video games (08:10)
    bestofsaidit
    1723 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
    330 views
    Thumbnail for I put the Separatist Droid Army March theme over the Robot Dog army & Amazon Blimp | Georgios E. Syros0:51
    I put the Separatist Droid Army March theme over the Robot Dog army & Amazon Blimp | Georgios E. Syros
    Invidious8
    49 views
    Thumbnail for Donald Trump on Libertarianism: 'I like it. A lot of good things.'0:19
    Donald Trump on Libertarianism: 'I like it. A lot of good things.'
    ReasonVids
    1362 views
    Thumbnail for Mean Streets: El Paso's Attack on Mobile Vendors - Case Launch Press Conf. 1/26/118:55
    Mean Streets: El Paso's Attack on Mobile Vendors - Case Launch Press Conf. 1/26/11
    IJvids
    1422 views
    Thumbnail for What Should Have Happened at the Ketanji Brown Jackson Hearings6:26
    What Should Have Happened at the Ketanji Brown Jackson Hearings
    ReasonVids
    1536 views
    Thumbnail for Shipwrecks, Treasure and Cannon Fire: The True Story of an American Privateer6:01
    Shipwrecks, Treasure and Cannon Fire: The True Story of an American Privateer
    ReasonVids2
    1718 views
    Thumbnail for The crisis in physics is real: Science is failing | Sabine Hossenfelder12:45
    The crisis in physics is real: Science is failing | Sabine Hossenfelder
    invidious1
    850 views
    Thumbnail for エンディング主題歌解禁 muque「The 1」 | ONE PIECE公式YouTubeチャンネル0:50
    エンディング主題歌解禁 muque「The 1」 | ONE PIECE公式YouTubeチャンネル
    invidious
    357 views
    Thumbnail for The Presidential Debate in ONE MINUTE1:03
    The Presidential Debate in ONE MINUTE
    ReasonVids3
    1555 views
    Thumbnail for Just In: What They Found on Weiner's Laptop About Clinton Changes EVERYTHING | The Next News Network15:51
    Just In: What They Found on Weiner's Laptop About Clinton Changes EVERYTHING | The Next News Network
    Invidious7
    143 views
    Thumbnail for 헌재앞!윤파면 당장선고하라!역대급인파 쏟아진다!광화문현장 비추는방송(헌재앞) | 황기자5:25:17
    헌재앞!윤파면 당장선고하라!역대급인파 쏟아진다!광화문현장 비추는방송(헌재앞) | 황기자
    Invidious9
    461 views
    Thumbnail for Progress Party Leader Siv Jensen on Norway's Myths and Realities5:37
    Progress Party Leader Siv Jensen on Norway's Myths and Realities
    ReasonVids
    1628 views
    Thumbnail for Language slander part 2 | Canying0:50
    Language slander part 2 | Canying
    Invidious8
    50 views
    Thumbnail for Bitcoin Gives Canadian Banks a Run for Their Money: Q&A with The Bitcoin Embassy2:37
    Bitcoin Gives Canadian Banks a Run for Their Money: Q&A with The Bitcoin Embassy
    ReasonVids
    1151 views
    Thumbnail for [Live] 28 พ.ย. 2567 | Double Espresso by Krungsri The COACH ให้คุณอัปเดตสถานการณ์การลงทุนโลกและไทย | KrungsriSimple2:05:25
    [Live] 28 พ.ย. 2567 | Double Espresso by Krungsri The COACH ให้คุณอัปเดตสถานการณ์การลงทุนโลกและไทย | KrungsriSimple
    Invidious8
    48 views
    Thumbnail for The War on Walmart: Who's afraid of cheap groceries?7:33
    The War on Walmart: Who's afraid of cheap groceries?
    ReasonVids
    1331 views
    Thumbnail for Fupachu0:14
    Fupachu
    voatcatbox
    740 views
    Thumbnail for Part 1 - The Climate Story is a Complete Joke3:07
    Part 1 - The Climate Story is a Complete Joke
    AOUisgay
    755 views
    Thumbnail for What's the strongest gusted wind ever recorded? | 10 Tampa Bay News1:23
    What's the strongest gusted wind ever recorded? | 10 Tampa Bay News
    Invidious8
    50 views
    Thumbnail for Gov't to Citizens: Want Free Speech? Take a number.1:26
    Gov't to Citizens: Want Free Speech? Take a number.
    IJvids
    1522 views
    Thumbnail for 【#ストグラ】捜査本部立ち上げ編⑥【バーバリアン田中】 | たけぉ1:00
    【#ストグラ】捜査本部立ち上げ編⑥【バーバリアン田中】 | たけぉ
    invidious1
    443 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