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

IJ on the Individual Mandate

Views:1719
@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
    1112 views
    Thumbnail for අද දෙරණ 6.55 ප්‍රධාන පුවත් විකාශය - 2025.01.11 | Ada Derana Prime Time News Bulletin | Ada Derana43:57
    අද දෙරණ 6.55 ප්‍රධාන පුවත් විකාශය - 2025.01.11 | Ada Derana Prime Time News Bulletin | Ada Derana
    Invidious2
    266 views
    Thumbnail for How to Build Infrastructure During an Age of Sequester: Reason Foundation's Robert W. Poole25:24
    How to Build Infrastructure During an Age of Sequester: Reason Foundation's Robert W. Poole
    ReasonVids
    1712 views
    Thumbnail for Ohio Express - Mercy (1969) | Beat-Club2:25
    Ohio Express - Mercy (1969) | Beat-Club
    Invidious8
    118 views
    Thumbnail for Drawing with the Creators of Phineas and Ferb!@Disneyland @DisneyParks#disneyland70 #HostedByDisney | Jenny Hoyos0:42
    Drawing with the Creators of Phineas and Ferb!@Disneyland @DisneyParks#disneyland70 #HostedByDisney | Jenny Hoyos
    Invidious7
    472 views
    Thumbnail for Manchild Piggino - UNITED STATES OF PHIL0:24
    Manchild Piggino - UNITED STATES OF PHIL
    memology101
    2028 views
    Thumbnail for Grand Theft Auto in Wilmington, Delaware25:49
    Grand Theft Auto in Wilmington, Delaware
    IJvids
    1794 views
    Thumbnail for "The Skeptical Environmentalist": A Conversation with John Tierney and Bjorn Lomborg27:03
    "The Skeptical Environmentalist": A Conversation with John Tierney and Bjorn Lomborg
    ReasonVids3
    1591 views
    Thumbnail for What lag looks like | Viva La Dirt League1:07
    What lag looks like | Viva La Dirt League
    Invidious6
    548 views
    Thumbnail for Chevron is Dead; Long Live Limited Government! | JBS News Analysis9:02
    Chevron is Dead; Long Live Limited Government! | JBS News Analysis
    invidious
    1280 views
    Thumbnail for Joe Biden’s Endless River of Debt and Regulation3:37
    Joe Biden’s Endless River of Debt and Regulation
    ReasonVids2
    1362 views
    Thumbnail for Nuts For Pudding - SYMO8:28
    Nuts For Pudding - SYMO
    Invidious8
    133 views
    Thumbnail for The Alternative Medicine Racket - teaser1:01
    The Alternative Medicine Racket - teaser
    ReasonVids2
    1689 views
    Thumbnail for Court Argument: Compensate Bone Marrow Donors to Save Lives2:31
    Court Argument: Compensate Bone Marrow Donors to Save Lives
    IJvids
    1655 views
    Thumbnail for About smartphones... the safety regulations tell you to use them with distance from your body2:18
    About smartphones... the safety regulations tell you to use them with distance from your body
    bestofsaidit
    1803 views
    Thumbnail for Drug Raids Go Hollywood as Obama Admin Breaks Promise (Again)1:29
    Drug Raids Go Hollywood as Obama Admin Breaks Promise (Again)
    ReasonVids
    1726 views
    Thumbnail for #DABOLA - CBF afasta arbitragem de Sport x Palmeiras e Inter x Cruzeiro! | Rádio Transamérica Esportes1:56:50
    #DABOLA - CBF afasta arbitragem de Sport x Palmeiras e Inter x Cruzeiro! | Rádio Transamérica Esportes
    invidious
    396 views
    Thumbnail for Attempt #1 on Scratch Get Over It10:10
    Attempt #1 on Scratch Get Over It
    SegOverride_Gaming
    225 views
    Thumbnail for Want to Hack Your Own Body? Neo.Life's Jane Metcalfe Is Making It Easier Than Ever10:40
    Want to Hack Your Own Body? Neo.Life's Jane Metcalfe Is Making It Easier Than Ever
    ReasonVids2
    1675 views
    Thumbnail for Cities Using Feds to Seek "Retribution" in Marijuana Battle, Says Don Duncan0:37
    Cities Using Feds to Seek "Retribution" in Marijuana Battle, Says Don Duncan
    ReasonVids
    1293 views
    Thumbnail for Experimental Economist Vernon Smith on the Housing Bubble, Adam Smith, and Libertarianism24:27
    Experimental Economist Vernon Smith on the Housing Bubble, Adam Smith, and Libertarianism
    ReasonVids2
    1693 views
    Thumbnail for Why It Took So Long To Leave Afghanistan: Antiwar.com’s Scott Horton1:01:52
    Why It Took So Long To Leave Afghanistan: Antiwar.com’s Scott Horton
    ReasonVids
    1540 views
    Thumbnail for "No armor" | Daebom0:35
    "No armor" | Daebom
    Invidious8
    92 views
    Thumbnail for Sign up for Reason's First-Ever Cruise, Feb. 2011!0:40
    Sign up for Reason's First-Ever Cruise, Feb. 2011!
    ReasonVids2
    1517 views
    Thumbnail for at the barber0:28
    at the barber
    bestofvoatxyz
    1078 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