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Duress could make contracts under health act unenforceable

You lived most your life without getting to exercise many rights your forebears enjoyed. If you’re like me, you think nothing of it. We live in a degraded state of law that recognizes exaggerated claims to personal freedom (abortion, sodomy) on one side, and grants of exaggerated authority to the state on the other (licensure, taxation, search and seizure, surveillance).

The picture has been grim a long time. But not all is lost. You possess a fundamental property right that is still largely intact in our day of statist scrupulosity. It is the right to contract.

You might be forced into a government program, but you cannot be forced into a contract with anyone or any business whatsoever, despite the U.S. supreme court ruling upholding the personal mandate as a tax and the government’s need for new revenue streams in the insurance industry to cover its built-in cost overruns.

While you can resist entering into contracts, it’s almost impossible to avoid government programs. You may have no choice but to be involved in social security through constraints imposed by an employer. You may not be free to escape a county inspection of your new building or of the wiring. You may not to be a free driver on the people’s roads in your car, and so you enter the state highway safety program as a licensed operator of a motor vehicle. Some programs you enter reluctantly, others eagerly. So much free money abounds. Scholarships. U.S.-backed small business loans. You enter a government program for a benefit, or because you seemingly are forced into it as an entanglement and an unavoidable evil. In our schizophrenic age, it’s possible to be involved in both sorts of programs, and think nothing of it.

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  • Deep_Thinker

    "While you can resist entering into contracts, it’s almost impossible to avoid government programs" – You mean, government will enforce your cooperation ultimately with coercion and threats to "cage" those who aren't compliant. So, do property rights still fully exist, just because these aren't contracts? They sound like unilateral contracts to me..

    • Evermyrtle

      Threats is their favorite tool!!

    • keyboardshark

      The nanny state is alive and well. The goal is to control virtually every aspect of your life. The liberal elite believe that they have been anointed as masters of the universe, and since they are much smarter than you or I, of course, they simply have to tell us how to run our lives because we are just not intelligent enough to figure it out for ourselves. Why, we could destroy the world with our free choices!

  • http://twitter.com/DStopper29 @DStopper29

    You know concepts of private property are silly when you consider that if you don't pay your personal property taxes, you cannot license vehicles and/or encounter liens on real estate. The odd part about this is that most people with money are insured so taxes are irrelevant. It's the supposed poor without health insurance and four flat screen TVs that will be hit with the tax. When they can't pay it guess what – the people that can afford it will in some manner.

  • aceituna

    There are too many foolish restrictions on our use of private property now. Too many govt. agencies ready to step in and say we must do certain things with our property thus denying us the use we consider best for our property. Examples include farmers that cannot raise crops because a certain species "named endangered by the govt." is living on it. Acreage that has trees on that become a fire hazzard because the govt.will not allow one to clean it out properly so it can be used because the govt. says that it must be kept for wild animals to live in as if there aren't enough wilderness areas already. Contractors who have to go through many studeis to determine how the enviornment will be affected by what they are being paid to put in for the owner before they can begin their work. How many more can you add?

  • http://zionica.com Grant

    You're fooling yourself if you think you can't be force into this and that. Trust me you'll be FORCED eventually out period. Who would have thought it would get this far…some of this Obamacare has already been emplemented, since he signed the dang thing! I have family member in 'office' position that worked under or across the board with Health Care Administrator: Kathleen Sebulius. It was not a pretty picture…can't really go into details. If you heard rumor about the situation of 'how' she handles the affair, let me put it this way. Probably true :(

  • Mexseiko

    There appears to be no recourse in cases where the Supremes act against the design of their duty. We just called them "activists"and that's that. Roberts knows that Obama cited Commerce law to justify the mandate to force individual citizens to purchase insurance, all to avoid poisonous tax designation. Roberts then calls it a tax and blesses it. Now the unconstitutional law has become the aw of the land because it's a tax but Obama is arguing with himself that it's not a tax. His having cake, while eating it.

    Then you have an AG, found in criminal contempt of Congress. Any citizen would o time for such a charge, but not our princes.

    This is anarchy.

    • aceituna

      Roberts is forcing our congress people to think of the consequences of the laws that they pass. Hopefully the result will be congress people who think things through and throw out any bills that would cause problems as Obamacare has. Maybe there would be fewer bills passed into law that would harm the country. Maybe many of the stupid laws we now have would be repealed. Maybe there would be second thoughts about many of the govt. agtencies that are so busy restricting out people and running our lives. These agencies would be abolished. One can pray for a better and more informed government.