Showing posts with label Hugo Grotius. Show all posts
Showing posts with label Hugo Grotius. Show all posts

Thursday, March 1, 2012

ObamaCare Inspires Fear For The Sake Of Making A Contract, Violating The Law

This is what ObamaCare does: It threatens with a fine the person who fails to make a contract with an insurance company.

"[I]n the freedom of choice there ought to be a kind of equality between the contracting parties. ...[N]o fear should be unjustly inspired for the sake of making the contract, or, if such fear has been inspired, that it should be removed."

-- Hugo Grotius, On Contracts, The Law of War and Peace, Book 2, 12, X (1625)

ObamaCare Violates Centuries of Contract Law: The Mandate is Equal to Duress

It's so simple a child could tell you that, but to date no legal wizard from Harvard, Yale, Chicago, or Stanford has been able to put his finger on it quite so well as this wonderful stroke of genius distilled in a newspaper from the American heartland of genius, Virginia:

From Hugo Grotius in the 17th century through William Story in the 19th and up to the present, legal doctrine has held that contracts are not valid unless they are entered into by mutual assent. If one party signs a contract as the result of fraud or under duress, it cannot be valid. But if Congress compels people to buy insurance policies — not as a precondition of exercising a privilege such as driving, but as a consequence of having been born — then, the [I]nstitute [for Justice] argues, this would undermine centuries of contract law.

All those law degrees, wasted.

If they were smart they would ask for their money back.

Now why didn't The Heritage Foundation realize this back in 1989 and save us from all this trouble from HillaryCare through RomneyCare and ObamaCare?

After all this time America is still little more than a backwater in the intellectual history of the West. Progressivism. Bah! Humbug!