Institute of Justice: Obamacare’s individual mandate violates a cardinal rule of contract law—to be enforceable, all agreements must be voluntary.

Institute of Justice: Obamacare’s individual mandate violates a cardinal rule of contract law—to be enforceable, all agreements must be voluntary. Simply put, if someone forces you to sign a contract, that constitutes duress which negates the contract according to centuries-old legal standards. With Obamacare, government will be the one forcing you to sign a contract under threat of fines and potentially, a jail sentence. No problem, Obama will just have to enact a law requiring everybody to buy insurance voluntarily.

This post was last modified on April 12, 2021

Bonfire of the Absurdities: After 35 year career writing software for IBM mainframes, am now self-employed contractor thinking of joining a union and striking for higher wages. Cured morbid fear of heights when I learned to look at them as lengths standing on end. Uncompromising in refusal to accept browser cookies. Amateur investor who has accumulated a small fortune in the market after starting out years ago with a large one. For recreation, I run, hike, kayak and play tennis but will not consider synchronized swimming under any circumstances.

View Comments (22)

  • Pretty sure that the definition of 'voluntary' is going to take the same beating the definitions of 'penalty' and 'tax' did -- when it's judicially convenient, it's a penalty and NOT a tax, and where it is convenient otherwise, it is a tax and NOT a penalty.

    I detect a willingness on the Supreme Court to swallow a massive line of BS already in that they haven't already summarily taken on and stricken down this law. They must really believe anything they're told.

    Honestly, what can you expect from people who cannot agree on what "the definition of 'is' is"?

  • "Iceberg, right ahead!"

    May Obamacare meet the same fate as the Titanic, and may we all get to the lifeboats if it doesn't.

  • Ah... that is a good thing. However the government is an entity of its own with its own rights and laws to protect itself against the people.

    I am sure that SSN was supposed to be voluntary too, perhaps. Nothing is voluntary with the government.

  • co·er·cion   [koh-ur-shuhn]
    noun
    1. the act of coercing; use of force or intimidation to obtain compliance.
    2. force or the power to use force in gaining compliance, as by a government or police force.

    Wow! Just another example of the Chicago Way.

  • It seems to me that income tax was a "voluntary" measure when it first started also...We all know how THAT worked out.

    • The rate was 1% when it started, wasn't it? Even that was too much. The dissenting officials complained loudly that if it was made law who would stop it from going to 5% or even as high as 10%!?!?! That was when they ruled it unconstitutional. Not long after the naysayers got put right by the Not The People people and there it was, our new law.
      I hear some people try to argue that income tax was somehow voluntary. How is it that some act turned into a law can be voluntary?

      • Precisely why I did not buy into Cain's 9 9 9 scheme. Repeal the 16th and go with a comsumption tax, IMO. Boortz's book explains it well. Doesn't matter since it will never happen. Think how much the government gets to know about us by reading our returns. Does anyone think it will give that up!

        • Taxation = Oppression

          I understand some tax is necessary but not when it becomes oppressive. I did my tax returns, the questions in my opinion are intrusive. The government doesn't need to know if I have property overseas or bank accounts. If it is overseas it is outside of the federal governments reach and it should not be part of US tax laws, perhaps yes the other countries' but not the US's. It is oppressive.

        • They will also not give up having a completely obfuscated tax code where nobody can really figure out how much is stolen from the economy.

    • Sounds just like the IRS. In fact, the IRS will be in charge of compliance.

      "Sign this form voluntarily, and give us your money voluntarily, or you will go to jail!"

      We ARE a nation of volunteers, are we not?

  • This concept gives me some little encouragement...but the way these ass-hats work, once you've been forced to sign the contract they'll just deem it signed voluntarily!

    • Not really, it won't be a contract, you will sign an acknowlegement that you understand that you are required to purchase the "Health Plan" that was offered to you by the smartest President ever.
      No contract, just a mandate.
      Freedom of choice? Forget it!