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

IJ on the Individual Mandate

Views:1645
@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
    1093 views
    Thumbnail for Not sure if this is an alien invasion, a festival or fake and gay1:15
    Not sure if this is an alien invasion, a festival or fake and gay
    bestofvoatxyz
    804 views
    Thumbnail for Chips Ahoy Gets Woke! Virtue Signals About Diversity; FAILS MISERABLY!8:58
    Chips Ahoy Gets Woke! Virtue Signals About Diversity; FAILS MISERABLY!
    AOUisgay
    715 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    95 views
    Thumbnail for Could have seen that coming..0:28
    Could have seen that coming..
    publicfreakouts
    1096 views
    Thumbnail for Love240's mind wanders0:13
    Love240's mind wanders
    bestofvoatxyz
    956 views
    Thumbnail for This Off-Road Track Might be Harder Than it Looks! | Moonbo9:44
    This Off-Road Track Might be Harder Than it Looks! | Moonbo
    Invidious6
    547 views
    Thumbnail for CAKE - Wheels (Official Audio) | CakeVEVO3:22
    CAKE - Wheels (Official Audio) | CakeVEVO
    Invidious6
    342 views
    Thumbnail for Hitler's dog0:49
    Hitler's dog
    bestofupgoat
    130 views
    Thumbnail for Minecraft Meme | Froppy Craft0:59
    Minecraft Meme | Froppy Craft
    Invidious8
    75 views
    Thumbnail for When you get a real life Mario Kart boost | Mini Katana0:45
    When you get a real life Mario Kart boost | Mini Katana
    invidious
    431 views
    Thumbnail for LOL! Even iron dome rockets are sick of the heebs 0:19
    LOL! Even iron dome rockets are sick of the heebs
    bestofupgoat
    693 views
    Thumbnail for HORRIBLE Sarcastic Lawyer (Studio C) | Lawyer Reacts8:58
    HORRIBLE Sarcastic Lawyer (Studio C) | Lawyer Reacts
    Invidious8
    63 views
    Thumbnail for The Incalculable Genius of John Dee | Alexander Waugh51:19
    The Incalculable Genius of John Dee | Alexander Waugh
    Invidious7
    131 views
    Thumbnail for zsh: Syntax Highlighting, vi-mode, Autocomplete, more | Luke Smith10:39
    zsh: Syntax Highlighting, vi-mode, Autocomplete, more | Luke Smith
    Invidious8
    66 views
    Thumbnail for Lego Flywheel Energy Storage. High Torque! 4k | GazR's Extreme Brick Machines!3:40
    Lego Flywheel Energy Storage. High Torque! 4k | GazR's Extreme Brick Machines!
    Invidious8
    75 views
    Thumbnail for How it feels buying an energy drink from the gas station while filling up your car | FunnyMemeSpot Backup0:08
    How it feels buying an energy drink from the gas station while filling up your car | FunnyMemeSpot Backup
    Invidious5
    214 views
    Thumbnail for LIVE🔴: Clashes with police at Los Angeles ICE protests | KTVU1:00
    LIVE🔴: Clashes with police at Los Angeles ICE protests | KTVU
    invidious
    333 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