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

IJ on the Individual Mandate

Views:1755
@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
    1119 views
    Thumbnail for The Big Book of British Smiles | Kat19900:33
    The Big Book of British Smiles | Kat1990
    invidious1
    543 views
    Thumbnail for tf2's hitboxes have gaps in them; you can shoot through someone | shounic6:30
    tf2's hitboxes have gaps in them; you can shoot through someone | shounic
    invidious1
    737 views
    Thumbnail for [속보] 대법원, 이재명 '선거법 위반' 유죄취지 파기환송 [무조건 간다 LIVE] | 뉴스TVCHOSUN5:23:01
    [속보] 대법원, 이재명 '선거법 위반' 유죄취지 파기환송 [무조건 간다 LIVE] | 뉴스TVCHOSUN
    invidious1
    408 views
    Thumbnail for Futurama - Animals Compilation (Part 2) | Wii DuB4:50
    Futurama - Animals Compilation (Part 2) | Wii DuB
    invidious1
    419 views
    Thumbnail for President of Azerbaijan destroys journalist by talking about Assange2:20
    President of Azerbaijan destroys journalist by talking about Assange
    voatcatbox
    768 views
    Thumbnail for Flying here is (surprisingly) legal | Tom Scott6:17
    Flying here is (surprisingly) legal | Tom Scott
    Invidious8
    101 views
    Thumbnail for The ONLY Jedi Grievous Feared | Vader's Order0:38
    The ONLY Jedi Grievous Feared | Vader's Order
    invidious
    368 views
    Thumbnail for LGBTQ Church Gets Struck By Lightning And Burns Down0:23
    LGBTQ Church Gets Struck By Lightning And Burns Down
    AOUisgay
    788 views
    Thumbnail for ITX Motherboards Aren’t the Smallest Anymore 😮 | Zach's Tech Turf1:01
    ITX Motherboards Aren’t the Smallest Anymore 😮 | Zach's Tech Turf
    Invidious8
    102 views
    Thumbnail for The Division 2 - Part 1 - The Beginning (Full Game) | TmarTn243:59
    The Division 2 - Part 1 - The Beginning (Full Game) | TmarTn2
    Invidious8
    106 views
    Thumbnail for Trump to Clinton: 'You'd be in jail' | Click On Detroit | Local 4 | WDIV0:15
    Trump to Clinton: 'You'd be in jail' | Click On Detroit | Local 4 | WDIV
    Invidious8
    660 views
    Thumbnail for Libertarian To Be Elected? An Interview with Libertarian City Councilman Ed Coleman3:59
    Libertarian To Be Elected? An Interview with Libertarian City Councilman Ed Coleman
    ReasonVids
    1555 views
    Thumbnail for Chinese guy explains why Wuhan is short of test kits and beds and why the outbreak is more serious than we might think. [English Subs]26:46
    Chinese guy explains why Wuhan is short of test kits and beds and why the outbreak is more serious than we might think. [English Subs]
    AOU
    2370 views
    Thumbnail for Robert Higgs on The Decline of American Liberalism9:39
    Robert Higgs on The Decline of American Liberalism
    ReasonVids
    1224 views
    Thumbnail for Ukrainian MiG-29 fighter jet struck building housing Russian infantry with French bombs in Belgorod | Kanal1310:02
    Ukrainian MiG-29 fighter jet struck building housing Russian infantry with French bombs in Belgorod | Kanal13
    invidious1
    412 views
    Thumbnail for Game Developer Sued By IKEA | PolyMars Talks2:16
    Game Developer Sued By IKEA | PolyMars Talks
    Invidious8
    82 views
    Thumbnail for 映画『トリツカレ男』特報 |2025年秋公開 | EMOTION Label Channel0:40
    映画『トリツカレ男』特報 |2025年秋公開 | EMOTION Label Channel
    Invidious9
    343 views
    Thumbnail for Nietzsche’s Warning to Scientists | Weltgeist23:26
    Nietzsche’s Warning to Scientists | Weltgeist
    Invidious8
    109 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    285 views
    Thumbnail for How Ear Pinning Works 🤔 | Zack D. Films0:26
    How Ear Pinning Works 🤔 | Zack D. Films
    Invidious8
    98 views
    Thumbnail for The Latest Racial Fraud6:26
    The Latest Racial Fraud
    AmericanRenaissance
    1187 views
    Thumbnail for Race Differences in Intelligence16:05
    Race Differences in Intelligence
    AmericanRenaissance
    1972 views
    Thumbnail for Operation Compliance: Detroit's War on Small Business5:17
    Operation Compliance: Detroit's War on Small Business
    ReasonVids3
    1305 views
    Thumbnail for Al Stewart - Class Of '58  (Full Studio) | James Bone13:09
    Al Stewart - Class Of '58 (Full Studio) | James Bone
    invidious1
    602 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