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

IJ on the Individual Mandate

Views:1926
@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
    1174 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    560 views
    Thumbnail for 🐟1:00
    🐟
    bestofupgoat
    699 views
    Thumbnail for Sleepy Bear ʕ•ᴥ•ʔ0:44
    Sleepy Bear ʕ•ᴥ•ʔ
    bestofupgoat
    438 views
    Thumbnail for Interesting trick0:04
    Interesting trick
    AOUisgay
    812 views
    Thumbnail for Planned invasion - they are being taught1:58
    Planned invasion - they are being taught
    bestofupgoat
    829 views
    Thumbnail for Defiance, Ohio - I'm Against The Government (Official Music Video) | Eric Ayotte2:56
    Defiance, Ohio - I'm Against The Government (Official Music Video) | Eric Ayotte
    Invidious7
    722 views
    Thumbnail for TS The Eras Tour LIVE New Orleans, Louisiana Night 1!!! | Ammir Shah1:00
    TS The Eras Tour LIVE New Orleans, Louisiana Night 1!!! | Ammir Shah
    invidious1
    556 views
    Thumbnail for What's The Highest Point in Minecraft? | camman180:50
    What's The Highest Point in Minecraft? | camman18
    Invidious7
    472 views
    Thumbnail for SEASON 2.5 DEV UPDATE + ULTRON JUST DROPPED !gamersupps | Flats5:03:03
    SEASON 2.5 DEV UPDATE + ULTRON JUST DROPPED !gamersupps | Flats
    invidious1
    461 views
    Thumbnail for King Missile III "Meditation Is Boring" | ShootToLuna2:52
    King Missile III "Meditation Is Boring" | ShootToLuna
    Invidious8
    137 views
    Thumbnail for File Storage on YouTube | Project Showcase 14:21
    File Storage on YouTube | Project Showcase 1
    Invidious8
    147 views
    Thumbnail for TLSOIW AND TRRPB (HATE SPEECH EDIT)40:31
    TLSOIW AND TRRPB (HATE SPEECH EDIT)
    murdochmurdoch
    2072 views
    Thumbnail for Passive Aggressive emails in the workplace | Viva La Dirt League3:20
    Passive Aggressive emails in the workplace | Viva La Dirt League
    Invidious8
    159 views
    Thumbnail for The Fifth Force of the Universe | Sciencephile the AI7:49
    The Fifth Force of the Universe | Sciencephile the AI
    invidious
    319 views
    Thumbnail for Péricles - Já É | Pagode do Pericão Ao Vivo em Brasília (Vídeo Oficial) | Péricles3:28
    Péricles - Já É | Pagode do Pericão Ao Vivo em Brasília (Vídeo Oficial) | Péricles
    Invidious8
    128 views
    Thumbnail for The problem with realistic nerf pistols | GDop260:11
    The problem with realistic nerf pistols | GDop26
    Invidious8
    119 views
    Thumbnail for Heaton fixes the housing crisis | ReasonTV9:59
    Heaton fixes the housing crisis | ReasonTV
    invidious
    414 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