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

IJ on the Individual Mandate

Views:1254
@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
    974 views
    Thumbnail for The kids are all white0:30
    The kids are all white
    bestofupgoat
    246 views
    Thumbnail for Figuring out the copper dormers. | Escape to rural France14:57
    Figuring out the copper dormers. | Escape to rural France
    invidious
    215 views
    Thumbnail for Affirmative Action, Unions, Asset Forfeiture: 3 SCOTUS Cases To Watch2:44
    Affirmative Action, Unions, Asset Forfeiture: 3 SCOTUS Cases To Watch
    ReasonVids
    1162 views
    Thumbnail for BARK AI! Create EPIC Audio SFX & Music From Text On YOUR PC! | Aitrepreneur19:03
    BARK AI! Create EPIC Audio SFX & Music From Text On YOUR PC! | Aitrepreneur
    invidious
    763 views
    Thumbnail for Black Nationalist Baffles White Interviewer1:18
    Black Nationalist Baffles White Interviewer
    AmericanRenaissance
    1641 views
    Thumbnail for Celebrating the End of the Fairness Doctrine9:10
    Celebrating the End of the Fairness Doctrine
    ReasonVids
    1080 views
    Thumbnail for 🚔 Police Showed Up to Arrest...and 🇨🇦CANADIANS 🇨🇦 did this..2:15
    🚔 Police Showed Up to Arrest...and 🇨🇦CANADIANS 🇨🇦 did this..
    AOU
    2052 views
    Thumbnail for The Alternative Medicine Racket - teaser1:01
    The Alternative Medicine Racket - teaser
    ReasonVids
    1130 views
    Thumbnail for Videos show Iranian missiles hitting Israel | AJ #shorts | Al Jazeera English0:53
    Videos show Iranian missiles hitting Israel | AJ #shorts | Al Jazeera English
    invidious
    362 views
    Thumbnail for The goat holohoax0:59
    The goat holohoax
    bestofvoatxyz
    810 views
    Thumbnail for The truth about women - they're always dissapointed and never satisfied 1:00
    The truth about women - they're always dissapointed and never satisfied
    bestofupgoat
    381 views
    Thumbnail for lofi hip hop radio 📚 - beats to relax/study to | Lofi Girl1:00
    lofi hip hop radio 📚 - beats to relax/study to | Lofi Girl
    invidious
    453 views
    Thumbnail for What Happened to Earth in Star Wars? | Vader's Order0:32
    What Happened to Earth in Star Wars? | Vader's Order
    invidious
    246 views
    Thumbnail for Panda compilation1:00
    Panda compilation
    bestofupgoat
    205 views
    Thumbnail for Planet of the Apes - Fried Chicken Parking Lot0:50
    Planet of the Apes - Fried Chicken Parking Lot
    AOU
    2771 views
    Thumbnail for Ralph Nader Q&A: How Progressives and Libertarians Are Taking on Corrupt Dems and Reps.1:04:31
    Ralph Nader Q&A: How Progressives and Libertarians Are Taking on Corrupt Dems and Reps.
    ReasonVids
    950 views
    Thumbnail for Ex Cop: Everyone Behaves Better When They're on Video5:43
    Ex Cop: Everyone Behaves Better When They're on Video
    ReasonVids
    1182 views
    Thumbnail for Bio Broly vs Future Trunks (Super Saiyan Rage) - M.U.G.E.N.2:54
    Bio Broly vs Future Trunks (Super Saiyan Rage) - M.U.G.E.N.
    memology101
    1564 views
    Thumbnail for KNWSTRA | Fissure Playground Ep.3 | KuyaNic1:00
    KNWSTRA | Fissure Playground Ep.3 | KuyaNic
    invidious
    225 views
    Thumbnail for Food Chain0:08
    Food Chain
    bestofupgoat
    621 views
    Thumbnail for No niggers on camera! 0:08
    No niggers on camera!
    bestofupgoat
    420 views
    Thumbnail for The agenda being shown 100 years ago in a cartoon.1:56
    The agenda being shown 100 years ago in a cartoon.
    AOU
    1704 views
    Thumbnail for The Journey of Moana | Disney Princess7:43
    The Journey of Moana | Disney Princess
    invidious
    356 views
    Thumbnail for feathernigger fed @anotherone shows off his tacticool moves0:18
    feathernigger fed @anotherone shows off his tacticool moves
    bestofupgoat
    306 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