HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

IJ on the Individual Mandate

Views:1068
@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
    870 views
    Thumbnail for Consumerism, Sex, Advertising, and Human Nature: A Talk With Evolutionary Psychologist Gad Saad9:50
    Consumerism, Sex, Advertising, and Human Nature: A Talk With Evolutionary Psychologist Gad Saad
    ReasonVids
    1020 views
    Thumbnail for Stossel: The College Scam5:49
    Stossel: The College Scam
    ReasonVids
    908 views
    Thumbnail for I Made My Own Computer | Let's See How It Works | 3DSage7:51
    I Made My Own Computer | Let's See How It Works | 3DSage
    invidious
    348 views
    Thumbnail for Can Genetically Modified Mosquitoes Save The World From Zika?5:50
    Can Genetically Modified Mosquitoes Save The World From Zika?
    ReasonVids
    844 views
    Thumbnail for Beating Jekyll and Hyde - Angry Video Game Nerd (AVGN) | Cinemassacre26:51
    Beating Jekyll and Hyde - Angry Video Game Nerd (AVGN) | Cinemassacre
    invidious
    410 views
    Thumbnail for Arriba Bogotá 3 de abril: Congreso exige acciones ante acoso sexual | El Tiempo1:59:41
    Arriba Bogotá 3 de abril: Congreso exige acciones ante acoso sexual | El Tiempo
    invidious
    96 views
    Thumbnail for Platinum From Meteorite | Cody'sLab22:23
    Platinum From Meteorite | Cody'sLab
    invidious
    478 views
    Thumbnail for Doom II: Sunlust - MAP27: Emerald Spire (Ultra-Violence 100%) | decino19:41
    Doom II: Sunlust - MAP27: Emerald Spire (Ultra-Violence 100%) | decino
    doom.topic
    459 views
    Thumbnail for GOLDBRIDGE Saturday Night LIVE! | The United Stand55:36
    GOLDBRIDGE Saturday Night LIVE! | The United Stand
    invidious
    154 views
    Thumbnail for Weimar 2.00:14
    Weimar 2.0
    bestofvoatxyz
    599 views
    Thumbnail for MST3k 420 - The Human Duplicators1:32:13
    MST3k 420 - The Human Duplicators
    invidious
    431 views
    Thumbnail for Id buy a print0:32
    Id buy a print
    bestofupgoat
    149 views
    Thumbnail for The Most Realistic Driving Simulator You've Never Played (BeamNG Drive) | Ermz7:21
    The Most Realistic Driving Simulator You've Never Played (BeamNG Drive) | Ermz
    invidious
    393 views
    Thumbnail for Go Back, We Fucked Up0:32
    Go Back, We Fucked Up
    bestofupgoat
    118 views
    Thumbnail for The cutest food truck in Japan serves sweet treats! | Japan Eat1:00
    The cutest food truck in Japan serves sweet treats! | Japan Eat
    invidious
    121 views
    Thumbnail for A bull named "Party Bus"hops the fence and wrecks rodeo goers in Oregon.0:34
    A bull named "Party Bus"hops the fence and wrecks rodeo goers in Oregon.
    bestofupgoat
    414 views
    Thumbnail for I spent WEEKS on this HUGE track! | Zeepkist | Tomixcomics15:26
    I spent WEEKS on this HUGE track! | Zeepkist | Tomixcomics
    invidious
    514 views
    Thumbnail for Brushing a tiger0:47
    Brushing a tiger
    bestofvoatxyz
    530 views
    Thumbnail for Nigerian official pretends to faint when asked about stolen money 0:35
    Nigerian official pretends to faint when asked about stolen money
    bestofupgoat
    536 views
    Thumbnail for Nighttime Sleep Jazz Music - Soft Piano Jazz Instrumental Music - 24/7 vs Relax of Background Music | Relaxing Jazz BGM1:00
    Nighttime Sleep Jazz Music - Soft Piano Jazz Instrumental Music - 24/7 vs Relax of Background Music | Relaxing Jazz BGM
    invidious
    353 views
    Thumbnail for N.C. Doctor Sues to Break Up State-enforced Medical Monopoly2:28
    N.C. Doctor Sues to Break Up State-enforced Medical Monopoly
    IJvids
    1348 views
    Thumbnail for Gov't Says "Naaayyyy" to Horse Massage1:59
    Gov't Says "Naaayyyy" to Horse Massage
    IJvids
    963 views
    Thumbnail for The Alternative Medicine Racket: How the Feds Fund Quacks14:45
    The Alternative Medicine Racket: How the Feds Fund Quacks
    ReasonVids
    959 views
    Thumbnail for Van Halen - Runnin' With The Devil (Official Music Video) | Van Halen3:32
    Van Halen - Runnin' With The Devil (Official Music Video) | Van Halen
    invidious
    144 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