Home
/
RELIGION & LIBERTY ONLINE
/
Hugo Grotius vs. ObamaCare
Hugo Grotius vs. ObamaCare
May 12, 2025 6:20 AM

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
Global Warming Consensus Alert: NBC Pitches In!
In what might be the dumbest attempt yet by any large corporation to appear “green,” NBC decided to turn off the lights on their Sunday Night Football broadcast’s studio set last night. This was apparently an effort to offset the carbon footprint of Matt Lauer in Greenland, which – judging by the size of the huge area lit by the lights they hauled up there – must have been pretty huge. It’s just too bad that NBC didn’t team up...
Acton Media Alert
Heads up: Acton Research Fellow Anthony Bradley will be making an appearance today on NPR’s News and Notes program. Braodcast times may vary, so check your local NPR affiliate’s schedule to see if you can catch the show. If you miss it, you can check the show archives right here. Update: Here’s the audio (3 mb mp3 file). Update II: Rome office director Kishore mented on the S-CHIP issue for Vatican Radio today; listen by clicking here (230 kb mp3...
Misguided Hop Hip Protests: Media Companies Aren’t The Problem
The New York Times reports of a well-intentioned protest by a pastor to protest the ridiculous and dehumanizing lyrics of the type of hip hop shown on networks like BET and MTV. Wearing white T-shirts with red stop signs and chanting “BET does not reflect me, MTV does not reflect me,” protesters have been gathering every Saturday outside the homes of executives in Washington and New York City. The orderly, mostly black crowds are protesting music videos that they say...
The Few, The Proud, The Marines
U.S.M.C. War Memorial Last summer I visited the National Museum of the Marine Corps in Quantico, Virginia. It is an impressive and moving tribute to the U.S. Marines, focusing especially on WWII to the present War on Terror. There was an even a section which chronicled the transformation of young recruits to Marines who embody the virtues of “honor, courage, mitment.” David Zucchino of the Los Angeles Times has written a piece titled, “From Boys to Marines.” The article is...
Sunset Boulevard: A haunting look at spiritual emptiness
In the classic 1950 film Sunset Boulevard, the character of film star Norma Desmond, played by Gloria Swanson, declares, “I am big. It’s the pictures that got small.” I watched Sunset Boulevard for the first time last night, thanks to the mendation from a friend in Virginia. As a fan of classic films, I had high hopes for this film, which was directed by Billy Wilder. Wilder also directed one of my favorite classics films, Stalag 17. William Holden starred...
‘The New Fellow Travelers’
In the Washington Post, Anne Applebaum takes a look at Hugo Chavez, president of Venezuela, and his worshipful celebrity fans in the United States. Here’s the key paragraph from her column, The New Fellow Travelers: In fact, for the malcontents of Hollywood, academia and the catwalks, Chávez is an ideal ally. Just as the sympathetic foreigners whom Lenin called “useful idiots” once supported Russia abroad, their modern equivalents provide the Venezuelan president with legitimacy, attention and good photographs. He, in...
This Week is GodblogCon
I’ll be leaving on Wednesday and returning on Saturday to attend GodblogCon 2007 in Las Vegas, held in conjunction with the Blog World & New Media Expo. The Acton Institute is a sponsor of this year’s GodblogCon. I’ll be representing the PowerBlog at the conference, and if you are a reader of this blog and will also be attending, drop me a note in ment box on this post. I’ll also be scouting talent for next year’s Acton University, which...
Samuelson on ‘The Global Poverty Trap’
Washington Post columnist Robert J. Samuelson discusses a new book on economic history that looks at the poverty problem from the perspective of “nature vs. nurture.” Comes now Gregory Clark, an economist who interestingly takes the side of culture. In an important new book, ” A Farewell to Alms: A Brief Economic History of the World,” Clark suggests that much of the world’s remaining poverty is semi-permanent. Modern technology and management are widely available, but many societies can’t take advantage...
2007 Honor Roll: Reactions Buzzing
Since the 2007 Catholic High School Honor Roll was released, reactions have been buzzing. We’ve been consistently floored by the Honor Roll’s impact. Here’s some highlights: • Huge Roar: “When we announced the award to our students yesterday, a huge roar of spontaneous cheering filled the building. What a glorious day!” Margaret Miller, Holy Cross Academy – Oneida, NY. 4-time honoree. Enrollment Impact: “The Honor Roll is really making an impact for us. This year we have had already over...
New Blog of Note: The Immanent Frame
A new blog has been added to our blogroll sidebar (along with a much-needed round of housecleaning on old and out-of-date links). Announcement below: The Social Science Research Council is pleased to announce the launch of The Immanent Frame, a new SSRC blog on secularism, religion, and the public sphere. The blog is opening with a series of posts on Charles Taylor’s A Secular Age, including recent contributions from Robert Bellah, Wendy Brown, Jose Casanova, Elizabeth Shakman Hurd, and Colin...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved