The individual mandate is incompatible with centuries of contract law. This is so because a compulsory contract is an oxymoron.
The brief, the primary authors of which are ... Elizabeth Price Foley and Steve Simpson, says that Obamacare is the first time Congress has used its power to regulate commerce to produce a law “from which there is no escape.” And “coercing commercial transactions” — compelling individuals to sign contracts with insurance companies — “is antithetical to the foundational principle of mutual assent that permeated the common law of contracts at the time of the founding and continues to do so today.” ...
Throughout the life of this nation it has been understood that for a contract to be valid, the parties to it must mutually assent to its terms — without duress. ... Under Obamacare, the government will compel individuals to enter into contractual relations with insurance companies under threat of penalty.
Like governments, contracts derive "their just powers from the consent of the governed." And when the consent is missing, "it is the Right of the People to alter or to abolish it."
And we will, one way or another.
Like governments, contracts derive "their just powers from the consent of the governed." And when the consent is missing, "it is the Right of the People to alter or to abolish it."
And we will, one way or another.
