Home
/
RELIGION & LIBERTY ONLINE
/
Hugo Grotius vs. ObamaCare
Hugo Grotius vs. ObamaCare
Jul 7, 2026 2:02 PM

In the seventeenth-century, the Dutch lawyer, magistrate, and scholar Hugo Grotius advanced Protestant natural-law thinking by grounding it in human nature rather than in the mands of God. As he claimed, “the mother of right—that is, of natural law—is human nature.” For Grotius, ifan action agrees with the rational and social aspects of human nature, it is permissible; if it doesn’t, it is impermissible.

This view of law shaped his writings on jurisprudence, which in turn, had a profound influence on the shape of the law in the West. The Founding Fathers of America considered Grotius’sjurisprudence to be authoritative and relied on it when forming their perspectives on such areas as international law. One of the principles that Grotius advanced—and that was enshrined in mon law—was the concept that for a formal contract to be legally binding it must be entered into freely and with the consent of all parties involved.

In certain circumstances, such as when entering mercialcontracts, consent is considered to beinviolable precondition. If a person who is incapacitated and is unable to give consent or makes an agreement under duress, the contract is rendered invalid. Today, we consider this principle to be such a basic legal axiom that it seems inconceivable that anyone would challenge it.

And yet, that is preciselywhat theObama Administration is doing with its inclusion of an “individual mandate” in the Affordable Care Act.

As the Institute for Justice notes in their amicus brief for Department of Health and Human Services v. Florida, “The individual mandate requires individuals to enter into contracts of insurance that would never be enforceable mon law because they would violate an essential element of all enforceable contracts– mutuality of assent.”

The Founding generation that drafted and ratified the Constitution never meant for the federal government to possess the power to coerce individuals engage mercial transactions against their will. mercial transactions is antithetical to the foundational principle of mutual assent that permeated mon law of contracts at the time of the founding and continues to do so today. The Founding generation recognized that this principle was critical to protecting individual liberty. It would never have given, and in fact did not give, Congress, through the guise of the Commerce Clause, the power to gut the foundation upon which the entirety of contract law rests.

Constitutional law professor Elizabeth Price Foley arguesin this brief video that the mandate not only violates the doctrine of mutual assent but, if upheld, would establish a precedent that the government can impose other forms of contractual relationships on citizens against our will.

(Via: Ed Morrissey)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Hillary Clinton Proposes to Harm Disabled Workers
“Most of economics can be summarized in four words: ‘People respond to incentives,’”says economist Steven E. Landsburg. “The rest mentary.”The same can (mostly) be said aboutelectoral politics: Politicians respond to incentives. Politicians are often derided for following the crowd rather than leading on public policy. But in doing so they are often acting rationally. To gain votes you have to give people what they want, even if want they want is ultimately harmful. When we can see or predict the...
SEC Allows Activist Nuns’ Climate-Change Resolution
The U.S. Securities and Exchange Commission determined March 22 that ExxonMobil Corporation must for the first time ever allow a vote to proceed on a proxy shareholder resolution submitted by members of the Interfaith Center on Corporate Responsibility. ExxonMobil had attempted to block the resolution with the SEC on the grounds it was vaguely written, pany’s current business practices already aligned with the ICCR resolution and current U.S. regulations. Because any plans for climate-change mitigation in the near future inherently...
Love, Community, and The Walking Dead
The sixth season finale ofThe Walking Dead aired last night and sets up an anxious off-season of waiting and deliberation about what will happen next. I may have some more to say about the larger dynamics of the show as the survivors in this most recent season have really transitioned from concerns about mere survival to actually munity with longer-term plans. But for now I want to focus briefly on the path Carol has walked over the last few episodes...
5 Facts About Genocide Against Christians in the Middle East
“ISIS mitting genocide — the “crime of crimes” — against Christians and other religious groups in Syria, Iraq and Libya,” says a joint report by the Knights of Columbus and In Defense of Christians. “It is time for the United States to join the rest of the world by naming it and by taking action against it as required by law.” The Knights of Columbus became involved in supporting Christians and other religious minorities in this Middle East because of...
Religious Shareholders Stump for Union Super PACs
Hoo boy … this campaign season is exhausting enough already without reporting the efforts of religious shareholder activist groups uniting to undo the U.S. Supreme Court’s Citizens United decision. But, to quote Michael Corleone in the third Godfather film: “Just when I thought I was out, they pull me back in!” Joining the anti-Citizens United religious shareholders are public-sector unions, riding high after the eight-justice Supreme Court split evenly this week on Friedrichs v. California Teachers Association. The split decision...
How should governments address sovereign debt?
Despite Greece being the current poster child for sovereign debt, national debt crises are nothing new and won’t be going away anytime soon. Governments habitually solicit capital loans only to default. In a new article for Public Discourse, Samuel Gregg discusses not only Greece, but also some of the deeper issues surrounding sovereign debt crises. He asks: What is the most reasonable framework through which governments should try to address such matters? Should they try to resolve them through appeals...
Explainer: What You Should Know About the Panama Papers Scandal
What are the Panama Papers? The Panama Papers refers to the 11 million leaked files from the Panamanian law firm Mossack Fonsecathat shows how some of the richest, most powerful people on the globe use tax havens to hide their wealth. According to the BBC, this is the biggest document leak in history — dwarfing the size of those released by the Wikileaks organization —and includes details on 214,000 entities, panies, trusts and foundations. The documents covered day-to-day business at...
Unemployment as Economic-Spiritual Indicator — March 2016 Report
Series Note: Jobs are one of the most important aspects of a morally functioning economy. They help us serve the needs of our neighbors and lead to human flourishing both for the individual and munities. Conversely, not having a job can adversely affect spiritual and psychological well-being of individuals and families. Because unemployment is a spiritual problem, Christians in America need to understand and be aware of the monthly data on employment. Each month highlight the latest numbers we need...
Ten quotes from economist Walter E. Williams
On this day in 1936, Walter E. Williams was born in the city of Philadelphia. The George Mason University economist is famous for his classical liberal views, often arguing that free market capitalism is not only the most moral economic system known to mankind, but it allows for the creation of the most wealth and prosperity. He has discussed many diverse themes, including: race in the United States, politics, liberty, education, and more. A prolific writer, Williams has written ten...
A ‘moral imperative’ or just another exercize in green politicking?
This past Friday, I blogged about the U.S. Securities and Exchange Commission’s recent decision to allow a vaguely worded proxy resolution proceed to a vote. The resolution was submitted by, among others, members of the religious shareholder activist group the Interfaith Center on Corporate Responsibility. The ICCR resolution calls upon ExxonMobil Corporation to take action intended to mitigate climate change. ExxonMobil requested the SEC deny the ICCR resolution on the grounds it was based mainly on nonspecific greenhouse-gas reduction targets...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved