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32 Cards in this Set
- Front
- Back
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What 3 Philosophers influenced the founding fathers of America?
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Montesquieu
Locke Adam Smith |
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What main idea did Montesquieu contribute?
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Checks and Balances
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What main idea/papers did Locke contribute?
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Natural rights flow from Natural law, which is reason.
Man is endowed by nature, with inalienable rights. Second Treatise of Government |
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Who was Adam Smith?
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Father of Economics, Moral Philosopher.
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There is a difference between the state of ______, and state of _____.
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license, liberty
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Adam Smith--
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-Like David Hume he was part of the Scottish Enlightenment.
-Published Wealth of Nations in 1776 |
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The Declaration of Independence laid out---
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moral argument for rebellion.
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Calder vs. Bull -
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-The basic doctrine of American Law.
-It sets forth that the government has boundaries. -Can’t take a man’s inheritance, “political heresy.” |
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Cooley’s Treatise -
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-Due process of law.
-Private property rights. -Where does it fit with ideals/constitution? -We do not give the government authority to take private property to give to others for private use. |
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Slaughterhouse Cases -
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-No one should be deprived of life, liberty, and property without due process of law.
-People have to be free to pursue their occupation or else you are interfering with their life, liberty, and property. |
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Re: Jacobs -
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Legislation is limited by the constitution.
overturned because it violated occupation property ideas and original legislation was not used for the health and wellness of New York as was presented. Was basically a law against immigrants. |
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What was the court packing plan, and who proposed it?
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Filling the Supreme Court with Junior Justices, to "help" Senior Justices with their work.
FDR. |
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Westcoast Hotel vs. Parish:
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Minimum wage case.
Allows socioeconomic arguments to validate constitutional law for the first time. Changed the constitution based on current socioeconomic problems. |
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NLRB vs. Jones and Laughlin Steel
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Gave us the modern interpretation of the commerce clause.
Congress can regulate anything that directly and indirectly affects interstate commerce. (instrumentality) |
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Before 1937 -
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Respect for individual.
Liberty to contract. Narrow construction of commerce clause. |
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After 1937 -
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Individuals are victims.
No liberty to contract. Expansive construction of commerce clause. Federal Register measures government size. In 1936 it had a 2620 page count, in 2002 it had a 80,332 page count. |
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Thomas Sowell -
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Said the Rehnquist Court would go down in history, for re-establishing the traditional interpretation.
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Kelo vs. New London
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Imminent domain case.
Property must be for a public use. Changed it so that the government can take private property for a “public purpose” such as economic development. Expands Federal power. Rehnquist court reversed itself in less the a year. |
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Gonzales vs. Raich
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State vs. government in “Elmo” case.
Marijuana Case |
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Walter Williams: Political Arrogance
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When politicians make decisions for you they assume they know more than you do. They assume they are smarter than you.
Authority and knowledge to act are two separate issues. The problem is that when you disagree it is irreverent. |
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How does the Government enforce its decisions?
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Coercion
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Mankind’s Most Brutal Institution
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Is Government --- The more power you give something, the more power they have to behave arbitrarily.
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Economic Freedom and Progress
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Political freedom is a luxury good because of its wealth transfer effects that are very costly.
Wealthier economies can afford the economic inefficiency of political freedom. |
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The Economics of F.A. Hayek
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We are not dealing with ideology.
As much as Hayek argues against leftish interference in the market he also argues against conservatism. |
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Hayek differentiated rationalism into two different categories.
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-Constructivist Rationalism (false individualism).
-Rationalism (true individualism, little “r” rationalism). |
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Rationalism
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Theory of society.
Man is interconnected with others in a social context. Economists define rationality by doing your best to have your ends meet your means. Man has limited rationality. We’re free to be who we are, but within a social context that defines our roles. |
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Spontaneous Order
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Through limited rationality we create order.
Through pursuing self-interest we create order. We create spontaneous order through our actions. Adam Smith’s Invisible Hand |
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Constructivist Rationality (False Individualism)
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Man is rational and capable of knowing all things.
Mankind purposefully created all of our institutions. Big “R” rationality. Disregards social ties, we are all separated. |
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Differences
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TI argues if left free, mankind can accomplish more than if she attempted to purposefully plan it.
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Civil Law -
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Constructivist Rationalism ( False Individualism) From the top down, by experts.
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Common Law
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Is discovered, created from reason, bottom-up implementation.
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The Assumption of Human Nature: TI
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Hayek argues that we need a system where bad men can do no harm (they are weeded out of society), hence TI.
For Hayek, spontaneous order provides incentives to behave properly through incentives created by private property. For TI, coercion is only needed to maintain a rule of law (not men) but it must also be minimized. Under TI the government is an impartial referee, under CR it is a player in the game. |
