Home
/
RELIGION & LIBERTY ONLINE
/
Hugo Grotius vs. ObamaCare
Hugo Grotius vs. ObamaCare
Aug 26, 2026 5:08 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
Let’s Bring Back the Ignominy of Being a ‘Deadbeat Dad’
“Deadbeat Dads”—absent fathers who don’t provide financial support for their children—are one of the most significant factors contributing to child poverty in America. So why do some single women have children outside of marriage when they know they will receive little to no support from the child’s father? A new study from the University of Georgia and Boston College attempts to answer that question. The authors created an economic model to simulate a scenario in which every absent father was...
Are You an Athlete or a Spectator?
Today at Ethika Politika, I caution against the sort of scapegoating that justifies ideologies at the expense of human effort: Do you support capitalism? Socialism? Distributism? Something else? Wonderful. What does that look like among the mess of market forms that actually constitute the economy you participate in every day? Rather than criticizing those policies that fall short of your saintly ideal or align too closely with your Hitler, what ones constitute a first step in the right direction for...
Kill The Girls, Traffick The Girls
India’s culture, like many others, prefers boys. Not only do they carry on the family name, they don’t cost the family a dowry. (Dowries are officially outlawed in India, but the practice continues.) There is a cottage industry in India of ultrasound machines: if it’s a boy, celebrate! If it’s a girl….the response is often abortion, and “try again.” Like China, India is now suffering the consequences of gendercide. There are not enough brides for the young men of India....
Helping No One By Being Socially Aware And Active
If you were told by your doctor to lose weight, you’d likely do what most people do: exercise more and eat healthier food. Jason Scott Jones and John Zmirak have a better plan in mind: Step 1: Start a fitness blog, collecting the best arguments you can find against obesity. Step 2: Comb the Bible, Pope Francis’ Tweets, and the work of your fellow bloggers, for the choicest quotes on the deadly sin of Gluttony. Then post them in ments...
Stay At Home Mom? Yeah, You Don’t Count
I loved being a stay at home mom. Sure, it was tedious some days and there were times when I was a bit weary of mac and cheese, but overall, I loved it. I enjoyed watching my kids grow, learning with them, enjoying leisurely days of bug watching, sidewalk chalk and cartoons. Imagine my surprise when I found out that being a stay at home mom doesn’t count as work. Not real work: you know, the kind of work where...
Notes on the Question of Inequality
French economist Thomas Piketty This summer’s issue of The City, which includes an article by myself on Orthodoxy and ordered liberty, opens with a symposium of five articles on “The Question of Inequality.” These include two articles on Pope Francis, two on French economist Thomas Piketty’s recent bookCapital in the Twenty-First Century, and one on the Bible. Having recently written a two part article on the subject for the Library of Law & Liberty (here and here), I took copious...
7 Figures: Prevalence of Violence Against Children
The UNICEF report Hidden in Plain Sight, which draws on the pilation of data on violence against children, reveals the disturbing prevalence of physical, sexual, and emotional abuse of children around the globe. According to the report the effects of violence on children are often lasting and have inter-generational repercussions. Findings reveal that exposed children are more likely to e unemployed, live in poverty, and be violent towards others. The authors of the report note that the data is derived...
Video: Sirico Discusses Multiculturalism on Cavuto
Acton Institute President Rev. Robert A. Sirico made an appearance on Thursday afternoon on Fox News Channel’s Your World with Neal Cavuto. Recently, Cavuto has been addressing the topic of multiculturalism in recent shows, featuring guests like Nigel Farage, leader of the UK Independence Party in Great Britian, and Alveda King, niece of Rev. Martin Luther King, Jr., both of whom share deep concerns about the impact of multicultural philosophy and policy on our cultural cohesion. Yesterday, Neil Cavuto asked...
Are Fast Food Strikers Just Political Agitators?
According to Thomas McCraw, who is the author of American Business, 1920-2000: How it Worked, “More people in the U.S. workforce were getting their first job at McDonald’s than at any other employer, including the Army.” By the end of this 80 year period, McDonald’s employer turn over rate was just over 200 percent per year. It was a temporary job, primarily for students. This factor has changed somewhat. I remember in an ethics class in seminary we had to...
How to Turn Corn into Cars
Imagine if a scientist was able to create technology that turns corn into cars. As economist Bryan Caplan explains, we already have such an innovation: foreign trade. Caplan argues that foreign trade is a form of technology that lowers our cost of living and increases our standard of living. In fact, claims Caplan, from a broader perspective trade is even better than most technology since it not only makes us better off, it makes foreigners better off too. ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved