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aliunde favorited a video
(5 days ago)
The Government Can- Tim Hawkins (Insanitized DVD)
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If government-mandated health insurance is upheld by the U.S. Supreme Court after the Patient Protection and Affordable Care Act (PPACA) case is ar...
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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.
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Please Enroll Responsibly: http://goo.gl/jq5Ij (Amazon.com Link) By Lee Doren
Folks, this is my ebook, which you can buy for 99 cents. I hope you'll...
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Please Enroll Responsibly: http://goo.gl/jq5Ij (Amazon.com Link) By Lee Doren
Folks, this is my ebook, which you can buy for 99 cents. I hope you'll enjoy it. I'll be providing more updates in the next few days. Stay tuned.
Polls: http://www.cbsnews.com/stories/2003/0...
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aliunde subscribed to afq2007
(4 weeks ago)
The Medicaid program imposes high costs while generating poor results. This Center for Freedom and Prosperity Foundation video explains how block g...
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The Medicaid program imposes high costs while generating poor results. This Center for Freedom and Prosperity Foundation video explains how block grants, such as the one proposed by Congressman Paul Ryan, will save money and improve healthcare by giving states the freedom to innovate and compete.
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aliunde subscribed to AforP
(1 month ago)
Jen Stefano, Americans for Prosperity - PA State Director, speaks at the Occupy vs. Tea Party panel at CPAC 2012. For more information, visit www.A...
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Jen Stefano, Americans for Prosperity - PA State Director, speaks at the Occupy vs. Tea Party panel at CPAC 2012. For more information, visit www.AmericansForProsperity.org.
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-Katie
I just watched your video on the Republic and absolutely loved it. I hope that you're okay with me subscribing.