China and its Discontents

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Is a Compulsory Contract Really an Oxymoron?

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GEORGE WILL’s Sunday column calls the Supreme Court health-reform case (three days of oral arguments begin Monday) “the last exit ramp on the road to unlimited government”: “[T]he Institute for Justice, a libertarian public interest law firm, [argues that the] individual mandate is incompatible with centuries of contract law … because a compulsory contract is an oxymoron. … Under Obamacare, Congress asserted the improper power to compel commercial contracts.”

Libertarians may believe a compulsory contract is an oxymoron, but everyone is entered into all sorts of “compulsory contracts” by the virtue of being a citizen! Just by being born in the U.S., we are all compelled to pay taxes, abide by the criminal and civil legal codes, and sign ourselves up for Selective Service and possibly be drafted (if we are male), among other requirements that I am most certainly forgetting. Many political philosophers would also consider voting to be each citizen’s duty, and many countries make voting legally obligatory. Of course we wouldn’t even be having this argument if either single-payer insurance had been enacted or hospitals themselves had been socialized, making the individual mandate unnecessary. Those alternatives definitely would not have invited any legal challenges. At least, I don’t think so…

Via Friday’s Playbook

Written by Will

March 25th, 2012 at 6:25 pm