EXAM 1 Hobbes-Healthcare Notes

Thomas Hobbes

English Philosopher
The Leviathan (1651)

The Leviathan

• Human nature: "State of Nature" - no laws, morals, or order

• Life is "solitary, poor, nasty, brutish, short"

• 100% freedom does not work; order must be imposed

• Leviathan (monarchy) ensures societal cohesion through fear

• Government must impose order

Jean-Jacques Rousseau

Swiss Philosopher
The Social Contract (1762)

The Social Contract

• Consent vs. Imposition

• Private property is the first form of government

• Government derives legitimacy from the contract between the people

• Individualism remains central, but rules are made by collective consent

John Locke

English Philosopher
Two Treatises of Government (1689)

Two Treatises of Government

• "Father of the Founding Fathers"

• Government must protect:

  • Life (value of all human life)

  • Liberty (freedom with limits)

  • Pursuit of Happiness (Jefferson’s adaptation of "private property")

• Smaller government is ideal

• Individual ambition serves the collective good

Puritan Influence on American Psyche

• Puritan Work Ethic: Hard work = moral righteousness

• Individualistic Identity: "Save yourself" mentality

• Religious Influence: God rewards effort, leading to personal prosperity

Articles of Confederation (1776-1787)

• Weak national government: Each state had its own laws, taxes, military, and treaties

• Created identity conflicts and economic issues

• The U.S. Constitution was drafted to resolve these issues

The Constitution (1787-1789)

•  A contract between the States and the Federal Government.

• 7 Articles establish government structure.

• Bill of Rights (First 10 Amendments): Limits on federal power

Articles I, II, III

Structure of Government

Article I

Legislative (Congress)

• Senate: 30 years old, 6-year term, 100 members (2 per state)

• House: 25 years old, 2-year term, 435 members

Article II

 Executive (President)

• 35 years old, 4-year term, natural-born citizen

Article III

Judicial (Supreme Court of the United States - SCOTUS)

• No age requirement, serves for life ("good behavior")

• President nominates justices, Senate confirms

Articles IV, V, VI, VII

Government Relationships

Articles IV

Full Faith and Credit Clause

•  Contracts valid across states

Articles V

Amendment Process

• Propose: 2/3 vote in Congress or national convention (Feds)

• Ratify: 3/4 of state legislatures or state conventions (States)

Article VI

Supremacy Clause: Federal law overrides state law

Article VII

Ratification Process
The Constitution shall become the official law of the ratifying states when nine states ratified the document

The Constitution is an outline of what the

 Federal Government CAN do.

The Bill of rights

Federal Government CAN NOT do.

Federalists

A strong-er federal government

Anti Federalists

Do not want a stronger federal government. They do not want to stick to the articles of the confederation. They want a strong central government  but yet are hesitant to make stronger transactions with the federal government.

Article 5 + 10th Amendment:

Insures the federal government does not have too much power (LIMITED in power) 

Types of Federalism

1. Unitary: Central government holds power (e.g., Britain)

2. Confederal: States hold power (e.g., Articles of Confederation)

3. Federal: Shared power between states and central government

Powers of Congress

(Article I, Section 8)

Enumerated Powers

• Tax collection, borrowing money, regulating commerce

• Establishing post offices, declaring war, maintaining a military

• "Necessary and Proper" Clause (implied powers)

16th Amendment (1913)

 Introduced federal income tax

Article I, Section 8, Clause 3

Regulate commerce with foreign Nations amongst several States and Indian Tribes.

Key Supreme Court Cases

McCulloch v. Maryland (1819)
Wickard v. Filburn (1942)
U.S. v. Lopez (1995)

McCulloch v. Maryland (1819)

• Taxation - Feds

• Expanded federal power (federal law > state law)

Wickard v. Filburn (1942)

• Feds
  Congress expanded interstate commerce power

• Farmer penalized for growing wheat for personal use

• Feds: "Commerce anywhere is commerce everywhere"

AAA (1938) 

Agricultural Adjustment Act

• Congress can limit how much farmers can produce for sale in a given year. “regulating production

• Enumerated/implied powers overrules

U.S. v. Lopez (1995)

• Lopez won (states)

• Gun-Free School Zones Act unconstitutional

• Limited federal commerce power

(FEDS can regulate guns through PURCHASE not possession) 

(STATES can regulate POSSESSION)

Gun-Free School Zones Act

Prohibited the possession of one's person (immediate access on one's person) within 1,000 ft of any public school.

Brady Bill (1993)

• Mandatory federal background check.

• 5-day waiting period 10 in CA.

Assault Weapons Ban (AWB)

• Prohibited sales of assault rifles for 10 years.

Healthcare and Federalism

Obama Care Affordable Care Act (ACA - 2010)
NFIB v. Sebelius (2012)

Obama Care Affordable Care Act (ACA - 2010)

• 3 Key Provisions:

  1. No denial for pre-existing conditions.

  2. Government price caps on insurance.

  3. Mandated health insurance or penalty.

NFIB (26 States) v Sebelius (Feds) (8/8/2012)

• States argue: that Obama care is unconstitutional. 

• Feds argue: Commerce clause gave them the authority.

• 5(D) to 4(R) Decision: Federal Government CAN force you to buy health insurance

Focus Areas

• Compare and contrast philosophers

• Understand the evolution of federal vs. state power

• Be familiar with major Supreme Court rulings and their impact on federalism

• Analyze how laws like ACA and Brady Bill test constitutional limits

Key Themes for Exam

• Theories of Government: Hobbes, Rousseau, Locke

• U.S. Constitution: Structure, Articles, Amendments

• Federalism: State vs. Federal Power

• Supreme Court Cases: Commerce Clause & Federalism

• Gun Control Laws: Federal vs. State Authority

• Affordable Care Act: Expansion of Federal Power