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Political Science 10: Introduction to American Politics Week 6 Taylor Carlson [email protected] February 17, 2017 Carlson POLI 10-Week 6 February 17, 2017 1 / 18

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Page 1: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Political Science 10: Introduction to American PoliticsWeek 6

Taylor [email protected]

February 17, 2017

Carlson POLI 10-Week 6 February 17, 2017 1 / 18

Page 2: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Plan for the Day

Reading Quiz

Go over learning outcomes

Announcements

Answer questions from lecture this week

Discuss Toobin (2012) The Oath

Carlson POLI 10-Week 6 February 17, 2017 2 / 18

Page 3: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Reading Quiz

Clearly write your name at the top of the quiz

Turn your quiz over when you are finished

Good luck!

Carlson POLI 10-Week 6 February 17, 2017 3 / 18

Page 4: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Learning Outcomes

By the end of section today, you should be able to:

Describe the key points of what the Affordable Care Act is/does andthe key points in the ACA’s development

Define the following terms and explain their significance in theSupreme Court’s ruling on the ACA

Commerce clauseEnumerated power

Explain the Supreme Court’s opinion in the ACA case

Explain the logic used (e.g. commerce clause or enumerated power totax?)Explain the outcome (e.g. was the ACA upheld?)Explain the significance (e.g. role of the court?)

Carlson POLI 10-Week 6 February 17, 2017 4 / 18

Page 5: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Announcements

Reminder: Office Hours are Wednesdays 9am-11am in SSB 341, or byappointment ([email protected]).

Congrats on finishing the midterm!

Midterm grades will be posted on TritonEd and handed back insection, but you can come to office hours to see your exam beforethen

I want your feedback! This weekend I’ll email out a very shortanonymous survey on which you can give me your feedback onsection so far.

Carlson POLI 10-Week 6 February 17, 2017 5 / 18

Page 6: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Questions??

What questions do you have from lecture this week?

Carlson POLI 10-Week 6 February 17, 2017 6 / 18

Page 7: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

What is the Affordable Care Act?

Carlson POLI 10-Week 6 February 17, 2017 7 / 18

Page 8: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

What does the Affordable Care Act do?

3 Goals: (Source: https://www.healthcare.gov/glossary/affordable-care-act/)

“Make affordable health insurance available to more people” throughsubsidies for households between 100% and 400% of the federalpoverty level“Expand the Medicaid program to cover all adults with income below138% of the federal poverty level”“Support innovative medical care delivery methods designed to lowerthe costs of health care generally”

Read the full text here: https://www.healthcare.gov/

where-can-i-read-the-affordable-care-act/

Carlson POLI 10-Week 6 February 17, 2017 8 / 18

Page 9: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

What does the Affordable Care Act do?

3 Goals: (Source: https://www.healthcare.gov/glossary/affordable-care-act/)

“Make affordable health insurance available to more people” throughsubsidies for households between 100% and 400% of the federalpoverty level“Expand the Medicaid program to cover all adults with income below138% of the federal poverty level”“Support innovative medical care delivery methods designed to lowerthe costs of health care generally”

Read the full text here: https://www.healthcare.gov/

where-can-i-read-the-affordable-care-act/

Carlson POLI 10-Week 6 February 17, 2017 8 / 18

Page 10: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Key Components in the ACA

Individual Insurance (can’t deny coverage based on preexistingconditions; subsidies; etc.)

Mandates

Individuals are required to have insurance or pay a penalty/taxBusinesses with 50+ employees must offer health insurance or pay atax penalty

Insurance Standards (certain services must be covered)

Exchanges (regulated marketplaces administered by state or federalgovernment where people can purchase insurance)

State Waivers (states can try their own health care plans as long asthey’re as comprehensive as the ACA)

Carlson POLI 10-Week 6 February 17, 2017 9 / 18

Page 11: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Key Components in the ACA

Individual Insurance (can’t deny coverage based on preexistingconditions; subsidies; etc.)

Mandates

Individuals are required to have insurance or pay a penalty/taxBusinesses with 50+ employees must offer health insurance or pay atax penalty

Insurance Standards (certain services must be covered)

Exchanges (regulated marketplaces administered by state or federalgovernment where people can purchase insurance)

State Waivers (states can try their own health care plans as long asthey’re as comprehensive as the ACA)

Carlson POLI 10-Week 6 February 17, 2017 9 / 18

Page 12: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

The Legislative Saga of the ACA

February 24, 2009: Obama tells a joint session of Congress thathealth care reform cannot wait

August 2009: Conservatives lash out against the bill at town halls,protests, etc. Obama travels to support the bill

August 26, 2009: Senator Ted Kennedy (D) dies, jeopardizing theDemocrats’ 60-seat filibuster-proof supermajority

Source: http://www.cnn.com/2012/06/28/politics/supreme-court-health-timeline/

Carlson POLI 10-Week 6 February 17, 2017 10 / 18

Page 13: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

The Legislative Saga of the ACA

February 24, 2009: Obama tells a joint session of Congress thathealth care reform cannot wait

August 2009: Conservatives lash out against the bill at town halls,protests, etc. Obama travels to support the bill

August 26, 2009: Senator Ted Kennedy (D) dies, jeopardizing theDemocrats’ 60-seat filibuster-proof supermajority

Source: http://www.cnn.com/2012/06/28/politics/supreme-court-health-timeline/

Carlson POLI 10-Week 6 February 17, 2017 10 / 18

Page 14: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Kill the Bill! Protests Erupt in August

Carlson POLI 10-Week 6 February 17, 2017 11 / 18

Page 15: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

The Legislative Saga of the ACA

November 7, 2009: House passes a version of the bill (220-215)

December 24, 2009: Senate passes bill (60-39)

March 11, 2010: Senate Majority Leader says Democrats use“reconciliation,” needing only 51 votes to pass the bill

March 21, 2010: Senate passes its version of the bill

March 23, 2010: Obama signs the bill into law

Source: http://www.cnn.com/2012/06/28/politics/supreme-court-health-timeline/

Carlson POLI 10-Week 6 February 17, 2017 12 / 18

Page 16: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

The Legislative Saga of the ACA

November 7, 2009: House passes a version of the bill (220-215)

December 24, 2009: Senate passes bill (60-39)

March 11, 2010: Senate Majority Leader says Democrats use“reconciliation,” needing only 51 votes to pass the bill

March 21, 2010: Senate passes its version of the bill

March 23, 2010: Obama signs the bill into law

Source: http://www.cnn.com/2012/06/28/politics/supreme-court-health-timeline/

Carlson POLI 10-Week 6 February 17, 2017 12 / 18

Page 17: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Signed, Sealed, Delivered

Carlson POLI 10-Week 6 February 17, 2017 13 / 18

Page 18: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

The Judicial Saga of the ACA

August 12, 2011: 11th Circuit Court of Appeals rules that parts ofthe law were unconstitutional

November 8, 2011: US Court of Appeals rules the law is constitutional

March 26, 2012: SCOTUS begins oral arguments

June 28, 2012: SCOTUS rules that the individual mandateportion of the ACA is upheld

Carlson POLI 10-Week 6 February 17, 2017 14 / 18

Page 19: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

The Judicial Saga of the ACA

August 12, 2011: 11th Circuit Court of Appeals rules that parts ofthe law were unconstitutional

November 8, 2011: US Court of Appeals rules the law is constitutional

March 26, 2012: SCOTUS begins oral arguments

June 28, 2012: SCOTUS rules that the individual mandateportion of the ACA is upheld

Carlson POLI 10-Week 6 February 17, 2017 14 / 18

Page 20: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

The Final Say: The Supreme Court

Remind me:

Enumerated PowerCommerce ClausePower to Tax

Government’s argument?

Opposition’s argument?

Carlson POLI 10-Week 6 February 17, 2017 15 / 18

Page 21: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

The Final Say: The Supreme Court

Remind me:

Enumerated PowerCommerce ClausePower to Tax

Government’s argument?

Opposition’s argument?

Carlson POLI 10-Week 6 February 17, 2017 15 / 18

Page 22: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

The Final Say: The Supreme Court

Remind me:

Enumerated PowerCommerce ClausePower to Tax

Government’s argument?

Opposition’s argument?

Carlson POLI 10-Week 6 February 17, 2017 15 / 18

Page 23: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

The Opinion

Individual mandate does not regulate existing commercialactivity→unconstitutional under the Commerce Clause

Individual mandate is upheld within Congress’s enumerated power tolay and collect taxes→constitutional under tax power

Carlson POLI 10-Week 6 February 17, 2017 16 / 18

Page 24: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

What does this mean?

“But the Court does not express any opinion on the wisdom of theAffordable Care Act. Under the Constitution, that judgment is reserved tothe people.”

Carlson POLI 10-Week 6 February 17, 2017 17 / 18

Page 25: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

What does this mean?

“But the Court does not express any opinion on the wisdom of theAffordable Care Act. Under the Constitution, that judgment is reserved tothe people.”

Carlson POLI 10-Week 6 February 17, 2017 17 / 18

Page 26: Political Science 10: Introduction to American Politics Week 6pages.ucsd.edu/~tfeenstr/teaching/Winter2017/Carlson_POLI10_Wee… · Political Science 10: Introduction to American

Questions to Ponder

Toobin explains that Roberts was balancing dual goals: 1) to push hisown ideological agenda; and 2) to preserve the Court’s place as thefinal arbiter.

Do you think the outcome of the ACA case would have been differentif someone else had been the Chief Justice, perhaps one of the moreliberal justices?Thinking more broadly about the role of the Court, what do you thinkabout these two goals? When they are in conflict, which should be thehigher priority?Are these goals in line with the original vision of the Court as anindependent judiciary?

What does the Court’s involvement in the ACA tell us about theseparation of powers in the US? What about checks and balances?

Carlson POLI 10-Week 6 February 17, 2017 18 / 18