Obamacare Violates Contract Law

A Final Stake Through The Heart Of Obamacare? MARCH 6, 2012 BY DOUG BOOK

Centuries of legal precedent might intervene to save the American people from Barack Hussein Obama’s attempt to force individuals and employers into the legislative enslavement of Obamacare.

Constitutional law professor Elizabeth Price Foley, in conjunction with the Institute of Justice, has filed an amicus brief with the Supreme Court concerning the upcoming Court review of the Affordable Care Act—Obamacare. In the brief, Foley makes the point that forcing an individual or company to sign a contract for the purchase of a product—health insurance included—would violate one of the centuries old underpinnings of contract law which states that to be enforceable, all contracts must be voluntary.

As Foley writes in the brief, “The Founding generation that drafted and ratified the Constitution never meant for the federal government to possess the power to coerce individuals to engage in commercial transactions against their will.”

If Congress is permitted to force the purchase of insurance on the American public, what can it NOT coerce the public to buy? What contractual obligation would be beyond its power to impose on the people?

Clearly the difficulty Government Motors has experienced selling its Chevy Volt could be overcome with a new congressional mandate that all Americans buy a Volt as a second vehicle. After all, how would such a mandate differ from the one which presumes to coerce the public into the purchase of health insurance?

If the government believes there are too few engineers, thousands of individuals could be compelled to sign contracts with colleges and future employers, guaranteeing their future services as engineers. Imagine the fine for failure to honor the terms of THAT contract! Though such rampant abuse of power by Congress might sound fanciful, the passage of ObamaCare would nevertheless mean that no legal authority would exist to stop it!

But one fact takes priority over any statute or legal precedent, however well established. That is, without honest and honorable people to decide and enforce the law, there is no law.

Four of the current members of the Supreme Court have no interest in the law or the Constitution and even less in the rights of the American people. The literal Marxists on the Court will find the Affordable Care Act and individual mandate quite Constitutional regardless of any accompanying stain such a dishonest and clearly unlawful ruling might attach to their names. Leftists after all must be shameless and hypocritical or they could not BE leftists! So the future liberty of the American people will rest with just 5 men in robes.

That the individual mandate is thoroughly unconstitutional, that its implementation would rob 300 million people of their heritage of freedom and the nation of its claim to greatness is incontestable. But the question remains, do these men have the honor, courage and will to do what is right? In the final outcome, on the answer to that question will depend the legitimacy and credibility of the Supreme Court for the next century.

DOUG BOOK