Home
/
RELIGION & LIBERTY ONLINE
/
Hugo Grotius vs. ObamaCare
Hugo Grotius vs. ObamaCare
Jan 14, 2026 11:52 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
Sew Efficient
US News and World Report has a little feature on a pany that has expanded into more distant markets and thereby grown. The article identifies trade agreements and technology as paving the way for such expansion by many small, local businesses. Decreasing tariffs and regulation and improving technology—these are examples of what economists call “lowering transaction costs,” which improves efficiency and benefits producers and consumers alike. The US News article highlights an American business, but, even more crucially, opening international...
Protestants and Natural Law: A Forgotten Legacy
In this mentary, “Protestants and Natural Law: A Forgotten Legacy,” I ask the question: “So, why don’t Protestants like Natural Law?” The short answer is: There isn’t a short answer. Tracing out the reasons that twentieth-century Protestants have given for why natural law is off limits plicated and can take a person in many different directions. In my judgment, the great tragedy in the Protestant rejection of natural law is not merely that Protestants (and particularly evangelicals) have had tremendous...
‘Beyond Petroleum’ or ‘Big Problem’? UPDATED
NBC Nightly News with Brian Williams is asking, “Was the BP pipeline problem preventable?” It seems that BP has allegedly been giving required maintenance to the pipeline short shrift: “Allegations about BP’s maintenance practices have been so persistent that a criminal investigation now is under way into whether BP has for years deliberately shortchanged maintenance and falsified records to cover it up.” BP shut down the Prudhoe Bay oil field earlier this week, after a “spill” resulting from “unexpected corrosion.”...
Our Changing Environmental Perspective
Seth Godin, a marketing guru, passes along this nugget: One mistake marketers make is a little like the goldfish that never notices the water in his tank. Our environment is changing. Always. Incrementally. Too slowly to notice, sometimes. But it changes. What we care about and talk about and react to changes every day. Starbucks couldn’t have launched in 1970. We weren’t ready. Of course, sometimes the reason that our perspective on an issue changes is because the thing itself...
Local Help on the Street
We’re working through the meaning of the tenth anniversary of welfare reform, debating important ‘next phase’ issues like marriage and fatherhood and what those mean to helping people leave poverty…permanently. That debate about government’s appropriate role in addressing social need is important. At least equally important is the work or private citizens at the local level, ‘on the street’–figuratively and literally. In February, a blog post featured A Way Out Victim Assistance program in Memphis, one of Acton’s Samaritan Award...
Scarcity and Innovation
“Throughout history, shortages of vital resources have driven innovation, and energy has often starred in these technological dramas. The desperate search for new sources of energy and new materials has frequently produced remarkable advances that no one could have imagined when the shortage first became evident.” So says Stephen L. Sass, a professor of materials science and engineering at Cornell, in today’s NYT op-ed, “Scarcity, Mother of Invention.” He concludes, “If there is anything to be learned from history, it’s...
The Effects of Federal Unionism
According to figures recently released by the U.S. Bureau of Economic Analysis, federal workers receive on average about double what private sector workers make: $106,579 vs. $53,289. These numbers are based on pensation. A study done by the Cato Institute (PDF here of 2004 figures), under the direction of Chris Edwards, shows that for 2005, “If you consider wages without benefits, the average federal civilian worker earned $71,114, 62 percent more than the average private-sector worker, who made $43,917.” In...
The Cash Cow
CRC has made two good articles available recently (these are Adobe .pdf linked documents) that dispell the myth that large corporations are conservative monoliths supporting anti-environment causes. The first is Funding Liberalism with Blue-Chip Profits; Fortune 100 Foundations Back Leftists Causes. The other is called The Price of Doing Business: Environmentalist Groups Toe Funders’ Lines. Both have page after page of data on the amounts that organizations like Earth Justice, Nature Conservancyਊnd Sierra Club are getting from big business and billion dollar...
Corporate America and the Campus
More news on the campus that may disturb those who are already hyperventilating about corporate involvement in higher education: university newspapers are receiving increasing corporate attention. In an article in today’s WSJ, Emily Steel writes, “Hip, local, relevant and generated by students themselves, college newspapers have held steady readership in recent years while newspapers in general have seen theirs shrink. Big advertisers are going on campus to reach these young readers. Ford Motor Co., Microsoft Corp., Samsung Electronics Co., and...
GM Bacteria and Malaria
“Scientists have discovered a way to help stop the spread of malaria by genetically altering a bacterium that infects about 80 percent of the world’s insects. Malaria is primarily transmitted through mosquito bites and kills more than a million people every year.” Source: “Genetically Altered Bacteria Could Block Malaria Transmission,” by Lisa Pickoff-White, The National Academies, Science in the Headlines, August 2, 2006. HT: Zondervan “To the Point” For more on the fight against malaria, visit Acton’s Impact campaign page....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved