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Some methods for
influencing human behavior
are voluntary or optional,
such as education, ethics,
peer and family pressure.
Law, on the other hand,
employs hard and fast rules
that dictate human
conduct.
Law is all pervasive.
Regulations are rules
promulgated and adopted by
the administrative agency, which
is responsible for implementing,
overseeing and enforcing the
regulation, in accordance with a
law passed by Congress or other
legislative body.
..
Regulations only effect those
who deal directly with the
agency who is enforcing them.
What is Policy?
Policies are written rules that guide a government
agency, by which the agency achieves its unique
tasks, authorized by Congress (or other legislative
body) for the benefit of society as a whole.
Law reflects the view
that free people must
take responsibility
for their actions and
must be held
responsible for their
actions, and the
courts are a reliable
instrument for
holding them
WHAT DOES LAW DO
FOR SOCIETY?
Ultimately, laws avoid chaos and create order for society, as
well as prevent or deter people from behavior that
negatively affects the quality of life of other people; so,
there are often significant consequences to breaking the
law.
INTRODUCTION TO THE COURSE
Functions of Law
•The ultimate goal of the American legal system is the
promotion of the common good by…
•Establishing Standards
•Promoting Consistency
•Maintaining Order
•Resolving Disputes
•Protecting Liberties and Rights
INTRODUCTION TO THE COURSE
Functions of Law for society
INTRODUCTION TO THE COURSE
Functions of Law for society
The American legal system has developed with
the purpose of establishing standards for
acceptable conduct, proscribing punishment for
violations as a deterrent, establishing systems for
enforcement, and peacefully resolving disputes.
Establishing Standards
The American legal system was
developed with the goal of
establishing a set of standards
that outline what is to be
considered minimally acceptable
behavior.
Federal laws are those that all
United States citizens are
expected to follow.
State and local laws may often
be like federal laws, but they
INTRODUCTION TO THE COURSE
functions of law for society
Establishing Standards
It is easy enough to see why murder
and theft are crimes, but laws also
provide a framework for setting many
other kinds of standards.
Federal regulations provide enforceable
rules and protections regarding taxes,
commercial transactions, employment
laws, insurance, and other important
areas.
INTRODUCTION TO THE COURSE
functions of law for society
Promoting Consistency
The American legal system considers the unique facts of the instant
case, identifies the applicable rule (law), promotes past judicial
precedents in similar/past case, uses reasoning to compare the current
case to similar/past cases, with the intended result of promoting fairness
through consistency.
Judges in the Common Law system help shape the law through their
rulings and interpretations.
This body of past decisions is known as case law.
Precedent (previous court rulings on similar cases) inform judges
rulings on their own cases.
INTRODUCTION TO THE COURSE
functions of law for society
Laws provide order and
predictability.
The structure and organization of
laws promote, provide, and
maintain social structures, greater
productivity, and help individuals
feel safe.
INTRODUCTION TO THE COURSE
functions of law for society
Maintaining Order
Resolving Disputes
Conflicts are to be expected given people’s varying needs, desires,
objectives, values systems, and perspectives.
-Laws create a system where individuals can bring their disputes
before an impartial fact-finder, such as a judge or jury.
-There are also legal alternatives where individuals work together
to find a solution, such as by using alternative dispute resolution
(ADR)including mediation and arbitration.
There are courts at every level, from local to
federal, to decide who should win in a dispute.
INTRODUCTION TO THE COURSE
functions of law for society
Protecting Liberties and Rights:
The United States Constitution– through federal, state, and local laws protect
liberties and rights to all..
-Laws protect individual rights and liberties.
-The Bill of Rights was added to the U.S. Constitution to guarantee
the protection of individuals from other individuals, from
organizations, and even from the government..
The First Amendment of the Bill of Rights prohibits the
government from making any law that would interfere with
an individual’s right to free “speech.”
INTRODUCTION TO THE COURSE
functions of law for society
INTRODUCTION TO THE COURSE
Why study law as a business student?
Laws Protect Businesses and Individuals
We need business laws to cover all of these activities so
that businesses can operate with some measure of
predictability. For example, suppose you wanted to
open a shoe factory. You’ll need to buy a piece of
property and build your factory, which will be very
expensive. Without established, predictable property
laws that ensure that you are the legal owner of the
land, you would be very reluctant to build the factory.
There would always be some risk that someone else
would come along and claim your property and factory
as their own.
INTRODUCTION TO THE COURSE
Why study law as a business student?
The same is true for all other business activity. You wouldn’t
ship shoes to a retailer unless you had a way to force them
to pay for the goods. You wouldn’t hire employees without
some means of firing them if they didn’t do their job. In
other words, it’s important to enter into contracts with a
means of enforcing the agreement.
It’s also important for business owners, managers, and
supervisors to understand what rights the business has
against other businesses and individuals. For example, if
you have an employee who is not doing his or her job, you
should know your options. If you make and sell tires, you
must know who will be held liable if someone is injured due
to a blowout. If you enter into a contract with another
business, you need to know who is bound to the contract,
as well as what happens if those individuals cannot perform
what they legally agreed to do.
Why you
should
study
1. Strong foundation for academic studies and
career options
Legal studies enable students to achieve their future
career goals, from business, accounting to media,
academia, commerce and industry, social work,
politics … and learning the systematic means of
solving problems in society.
2. Master critical thinking and analytical skills
The knowledge and skills gained from studying law
facilitate students to analyze both sides of complex
situations or problems, and to devise the best
solution based on strong reasoning. independent
and critical thinking.
3. Development of self-confidence
Studying law is an empowering experience. Students
often work in groups and actively participate in
?
BUSINESS TOPICS CONSIDERED IN THIS
COURSE
Many people think that the
study of law is only suitable for
those who want to be an
attorney, but that can’t be
further from the truth.
The law is the bedrock of many
important decisions, creating
opportunities and
responsibilities for a business.
INTRODUCTION TO THE COURSE
Why study law as a business student?
• Law is a dynamic and ever-changing field
that affects everyone in his/her personal
capacity, in their business interactions,
and as citizens.
• Studying the legal environment of business
helps us understand how to reduce liability
risks, identify legal problems, and exploit the
links between successful business and the
law.
Law is a core value
shared by all Americans!
SUMMARY
REVIEW
THE
SYLLABUS
An enhanced interaction and reinforced levels of
communication:
(1) Power Point accompanying lectures
(2) Lecturer’s notes are provided… and you should supplement them
with your own notes.
(3) Major principles are explained… and expanded through legal
cases, videos and discussion.
(4) Read and complete assignments timely.
(5) Students and the instructor both ask and answer questions!
My experience
Approach to this Course
Thinking like a lawyer 5min https://www.youtube.com/watch?v=0L5d2RAWyZs
With my extensive legal
background and
passion for business,
my hope is that this
course will open your
mind and motivate you
to seek a successful
and gratifying career in
business -- for
Briefing cases is a unique practice of lawyers. Through casebriefs, you will
learn to think like lawyers, as you analyze hypotheticals in class and on
exams, and arguing case precedents in your class assignments.
When you brief a case, you are dissecting a judicial opinion and providing
a summary of the basic components of that case.
One of the biggest challenges when briefing a case is parsing* an
overabundance of information to reveal only the most important details.
When tasked with briefing case law, you will need to be able to identify
the material facts of the case to understand and explain the court's ruling.
*Parse is defined as to break something down into its parts, particularly for study of the
individual parts. An example of to parse is to break down a sentence to explain each
word to someone.
INTRODUCTION TO THE COURSE
briefs
A case brief is NOT an essay! A CASE BRIEF is a legal device
to summarize and analyze a court opinion, developing a better
understanding of the significance of the decision and the issue(s)
examined.
THE REQUIRED PROCEDURE FOR WRITING A CASE BRIEF:
1) State the Name of the case, the case number, and the court rendered the
decision
2) State the Issue (specifically, what is the controversy in the case)
3) State the legal Rule that governs the issue in the case
4) Restate the most relevant Facts in the case
5) State the court’s Decision and their Rational
6) State Your Opinion on the decision and why/why not.
INTRODUCTION TO THE COURSE
briefs
CASE BRIEF EXAMPLE
1) People v. Hall, 19-1392, 597, U.S. (2004)
2) Issue(s): A) is Defendant liable for manslaughter? B What is the meaning of “recklessness” under
Colorado law?
3) Rules: Guilt of manslaughter requires conduct with recklessness. “Recklessness” involves a higher level
of culpability (responsibility) than criminal negligence, but requires less culpability than intentional
actions. The State requires the prosecutor to prove that the defendant caused the victim’s death by
consciously disregarded a substantial and unjustified risk that he would cause the death of another.
4) Facts: the defendant, a former ski racer trained in ski safety, skied straight down the dangerous route
of a steep and bumpy slope of a mountain at a high rate of speed. He lost control and struck the
victim, killing him.
5) Decision: Defendant is guilty of manslaughter because he killed a human being, while acting “despite
his subjective awareness of a substantial and unjustifiable risk of death from his conduct. Specifically,
the defendant had the training and experience to appreciate the risk of harm, as a former ski racer
trained in ski safety. He consciously disregarded that risk when he hurtled himself straight down a
steep and bumpy slope. The risk was substantial and unjustified because, as a ski racer, defendant
knew what harm might occur from losing control on skis at a high rate of speed, yet he chose to ski
the dangerous route down the mountain.
YOUR
(1)Read the case Marbury v. Madison, 1 Cranch 137 (1803).
(2)Underline the most important words and ideas in the case
(3)Draft a case brief, in accordance with the standard format
DO NOT RESEARCH THE CASE / AVOID PLAGARISM ALWAYS
Marbury v. Madison
So, are you ‘Educable’?
The educable person
doesn’t believe that they
already know-it-all.
They have the capacity
to wonder with an open
mind into new
information, setting
aside old ideas and
prejudices. They seek
logical, clear, informed
• Thinking like a lawyer also
requires using judgment. Just
because a logical argument can be
made doesn’t mean that argument
is good.
• Judgment is necessary to
determine if a given line of
reasoning or conclusion is in
anyone’s best interests or
advances society as a
whole, or if it’s
destructive and dangerous.
Thinking like a lawyer can be
helpful in many different contexts,
“The Facts and the Law “is a term used to denote issues or events
that have taken place and the legal jurisdiction that governs how they are viewed.
Fact in legal terms, is the event, while law refers to the actual rules that determine
how facts are viewed by the courts.
Thinking like a lawyer means using logic, facts and
evidence to analyze problems and find solutions.
Thinking like a lawyer means
identifying which facts are
important, then analyzing, and
evaluating arguments on different
sides of a question with care,
precision, and nuance.
It also means paying attention to
language, context, and
contingency, and understanding
that words can have multiple
meanings and can be manipulated.
• Approach the issues (the problem(s) from all
angles
• Avoid emotional entanglement
• Argue both sides
• Question everything
• Accept ambiguity
STEP ONE: ISSUE SPOTTING
Spotting issues is the skill of identifying the questions or
problems that arise from a given set of facts.
In order to intelligently analyze a topic, you to spot the
important issues. Once you spot the issues, you can then
analyze the information:
Approach a problem from all angles. To see all the
possible issues in a set of facts, lawyers look at the situation
from different perspectives. Putting yourself in others’
shoes allows you to understand other points of view.
For example, suppose you’re walking down a street
and notice a ladder leaned against a building. A
worker on the top rung is reaching far to his left,
cleaning a window. There are no other workers
present, and the bottom of the ladder juts out onto
the sidewalk where people are walking. Issue
spotting involves not only looking at this situation
from the viewpoint of the worker and the person
walking on the street, but also the building owner,
the worker’s employer, and potentially even the
city where the building is located.
Avoid emotional entanglement. Thinking like a lawyer requires putting
aside personal interests or emotional reactions to focus on the
important, relevant, provable facts. Feelings aren’t rational. Emotions and
sentiment can blind you, causing you to be attached to details that bear
little or no importance to the outcome of the situation.
For example, suppose a criminal defendant stands charged with
molesting a small child. Police arrested him near a playground, and
immediately began asking him why he was there and his intentions
regarding the children playing nearby. The distraught man confessed he
planned to harm the children. The details of the case may be revolting, but the
defense attorney will set aside the emotional trauma and focus on the fact
that the defendant was not informed of his right to remain silent before he
was questioned.
Argue both sides. The ability to argue both sides of an issue means you
understand that there are two sides to every story, each of which has
potentially valid points. Further, the failure to understand the other side’s
argument(s) prevents you from properly preparing for the important
Question everything.
Ask why? Thinking like a lawyer means not
taking anything for granted Break down assumptions.
Like emotions, assumptions create blind spots
in your thinking. Lawyers seek evidence to prove
every factual statement and assume nothing is true
without proof.
Accept ambiguity.
Much of thinking like a lawyer involves being
comfortable with nuances and gray areas.
Most issues in life, particularly in business
negotiations, are seldom black and white. Life is
complex and your willingness to integrate the
perspective of other(s) into your plans as a
businessperson. Ambiguities require flexibility
(aka, open-mindedness).
For example: Is climate change explainable
Basic Terms and Terminology: Fact and Opinion
A fact is the reality, the only truth about a thing
or idea that can be verified and proven true.
An opinion is a statement that reflects an author's
point of view, belief, perspective, personal feeling,
and values;
Opinions cannot be verified and proven to be true
or false like a fact can be verified and proven to be
true; however, a person's opinion can be supported
or refuted when a critical thinker scrutinizes and
critically evaluates the author's opinions, point of
view, beliefs, perspective, personal feelings and
values, and these opinions are based on
documented valid and reliable facts.
• A bias is the already formulated preference/prejudgment
by the person for or against something.
• Confirmation bias is the tendency for a person to seek
information that supports and favors their preexisting
thoughts, beliefs, and opinions, while avoiding contrary
information.
• Overconfidence bias is manifested when a person
believes that they and they alone are the expert on a given
subject.
• Halo effect bias is characterized with a person's inclination
to blindly accept the thoughts, views, and perspectives of
another person, even though that person's knowledge,
traits and characteristics have little or nothing to do with
the perceived expertise that a person thinks that they have.
• Horn effect bias is the opposite …when a person's
inclination is to blindly reject the thoughts, views, and
perspectives of another person, who may have superior
knowledge, traits and characteristics on the topic.
Basic Terms and
Terminology
Stereotypes
are characteristics imposed
upon groups of people because
of their race, nationality, and
sexual orientation.
These characteristics tend to be
oversimplifications of the
groups involved and, even if
they seem "positive,"
stereotypes are harmful.
Basic Terms and Terminology
Everyone is entitled to their own honest
opinion. Having a different mindset than
others can be a good thing because it starts
conversations; it forces someone to step
outside of their own thoughts and comfort
zone and really see things from a new
perspective.
Not having an opinion is boring, often worse
than having an opinion that someone may
not agree with.
An opinion is your own personal thoughts
that are based on your own personal
experience.
Your opinion is welcome in this class!
..
There is a fine line between
an opinion and a judgment
Judgments, like any personal opinion, can be wrong. But a judgment is different
in that it has been arrived through serious assessment, deliberation on the
alternative(s), resulting in the formation of a critical decision based upon the
best, most reasonable and reliable evidence available to you.
Judgment implies authority, some level of expertise; thus, judgments tend to
settle matters with a sense of wisdom and certainty. JUDICIAL OPINIONS are
rendered and published, providing a sense of ‘right’ and ‘wrong’, ‘good’ or ‘bad’.
JUDICIAL OPINIONS are the last word --the current Law-- on the particular issue.
Argumentation recipe 2 min
https://www.youtube.com/watch?v=CmZ_P9KhA1o&t=24s
Social encounters throughout the Western World have
descended into polarized shouting matches.
Mocking, bullying, name calling and silencing one’s
opponents have become common in the context of
discussions where winning is everything and the truth
counts for nought.
While there might be circumstances where anger and
forceful indignation are warranted, there is little doubt
that the current climate is one in which disrespect for
others with whom we disagree is prevalent.
Our times are characterized by widespread uninhibited
anger. But ours is also an age of arrogance. It is arrogance
that is responsible for the mocking, the bullying, and the
silencing.
2.5 min cartoon The Logical Fallacy - Ad Hominem (Abuse Technique) - YouTube https://www.youtube.com/watch?v=V3I5F_UQbHU
2.5 trump+ What is an Ad Hominem Attack? | Argument Clinic | WIRED – YouTube https://www.youtube.com/watch?v=F5CMW2XBH6I
Avoiding a persuasive argument in support
of one’s ideas, an ad hominem statement
appeals to the feelings or prejudices of the
audience and is marked by an attack on
the opponent's character, rather than
providing a reasonable answer to issue at
hand.
A Karen is a pushy, corny white woman who is insensitive
to those around her, who doesn't read the room, who puts
herself first, yet complains in a whiny voice.
Karens can be women or men as well.
Real life karen stopped by cop Entitled Karen gets Window Smashed and Arrested (CRAZY) – YouTube https://www.youtube.com/watch?v=eSJynKCQSdk 6min 2.5min kids explain https://www.youtube.com/watch?v=Fxd0wLcqO7s
Critical Thinking - Improve Problem-Solving and Decision-Making Skills
“Critical thinking is thinking about your thinking
while you’re thinking in order to make your
thinking better.”
CRITICAL
THINKING
is the analysis of
facts to form a good
judgment.
•Everyday there is a sea of
decisions before you, and it’s
impossible to make a perfect
choice every time.
Critical thinking skills allow you to understand and address situations
based on all available facts and information. Typically, using critical
thinking at work involves processing and organizing facts, data and
other information to define a problem and develop effective solutions.
Critical thinking skills are essential in every industry at every career
level, from entry-level associates to top executives. Good critical
thinkers can work both independently and with others to solve
problems. Issues such as process inefficiencies, management or
finances can be improved by using critical thought. Because of this,
employers value and seek out candidates who demonstrate strong
critical thinking skills.
Being objective is a fundamental part of critical thinking. That means
analyzing the problem without allowing personal bias, emotions or
assumptions to influence how you think. A strong critical thinker will
only analyze a problem based on the context and facts collected after
conducting thorough and impartial research.
THE IMPORTANCE
OF CRITICAL
THINKING
As a college student, you are
tasked with engaging and
expanding your thinking skills. One
of the most important of these skills
is critical thinking because it relates
to nearly all tasks, situations, topics,
careers, environments, challenges,
and opportunities.
The Importance Of Critical Thinking
1. Critical Thinking Is Universal:
No matter what path or profession you pursue, this skill
will always be relevant and beneficial to your success
because it relates to nearly all tasks, situations, topics,
careers, environments, challenges, and opportunities.
2. Critical Thinking Is Crucial For IDENTIFYING AND
SOLVING PROBLEMS:
Our future depends on technology, information, and
innovation and critical thinking is needed for our fast-
growing economies and to solve local and international
environmental problems as quickly and as effectively as
possible.
3. Critical Thinking Improves Language & Presentation
Skills:
In order to best express ourselves, we need to practice
critical thinking so that we can think clearly, while
4. Critical Thinking Promotes
Creativity
By practicing critical thinking, we are
allowing ourselves not only to solve
problems but also to come up with
new and creative ideas to do so.
Critical thinking allows us to analyze
these ideas and adjust them
accordingly.
5. Critical Thinking Is Important
For Self-Reflection
Without critical thinking, how can we
really live a meaningful life? We need
this skill to self-reflect and justify
our ways of life and opinions. Critical
The Importance Of Critical Thinking
6. The Basis Of Science & Democracy
In order to have a democracy and to prove scientific facts, we need
critical thinking in the world. Theories must be backed up with
knowledge. For a society to effectively function, its citizens need to
establish SOLID opinions about what’s right and wrong (by using
critical thinking!)
The Importance Of Critical
Thinking
We know that critical thinking is good for
society as a whole, but what are some benefits
of critical thinking on an individual level?
Why is critical thinking important for us?
1. Key For Career Success
Critical thinking is crucial for many career paths. Not
just for scientists, but lawyers, doctors, reporters,
engineers, accountants, managers and analysts
(among many others) all have to use critical thinking
in their positions.
Critical thinking is one of the most desirable skills to
have in the workforce, as it helps analyze information,
think outside the box, solve problems with innovative
solutions, and plan systematically.
2. Better Decision Making
Critical thinking encourages the development of crucial skills, like logical thinking and open-
mindedness. Thus, critical thinking helps us deal with everyday problems, as the
process helps us think independently and to ultimately trust our choices and
opinions beyond our mere gut feelings.
3. Promotes Curiosity
Critical thinkers are highly creative thinkers, as we remain constantly curious,
as we ask questions to know more, about why, what, who, where, when, and
everything else that can help us make sense of a situation or concept, never
Benefits to Critical
Thinking
Benefits to Critical Thinking
4. Better Citizens
“An educated citizenry is a vital requisite for our survival as a free people.”
Thomas Jefferson. Critical thinkers make better citizens, as they seek to
understand the entire picture of our social and political challenges. Better
informed, we cannot think of ourselves as ignorant and critical thinking can help
us avoid getting sucked into misinformation, biases and propaganda.
5. Can Make You
Happier!
Critical thinking can help you
better understand yourself,
focusing on your strengths and
avoiding negative thinking or
limiting your knowledge and
beliefs. You also can improve
your relationships as critical
thinking can provide you the
opportunity to better
Creative thinking is the ability to consider something
in a new way, thinking outside the box. Creative
thinking means bringing a fresh perspective to your
work and sometimes unorthodox. This way of
thinking can help you be more productive.
Creative thinking can involve
• A new approach to a problem
• A resolution to a conflict between employees
• A new result from a data set
• A previously untried approach to earn revenue
• A new product—or product feature
What Is Creative Thinking?
Employers in all industries want employees who can
think creatively and bring new perspectives to the
1. Creative thinking tries to create something new,
while critical thinking seeks to assess worth or
validity of something that already exists.
2. Creative thinking is generative, while critical
thinking is analytical.
3. Creative thinking is divergent, while critical thinking
is convergent.
4. Creative thinking is focused on possibilities, while
critical thinking is focused on probability.
5. Creative thinking is accomplished by disregarding
accepted principles, while critical thinking is
accomplished by applying accepted principles
Key Differences
• Open-mindedness
• Flexibility
• Imagination
• Adaptability
• Risk-taking
• Originality
• Elaboration
• Brainstorming Imagery
Unique Creative Thinking Skills
Benefits of creative thinking to your business achievements
Critical thinking is the logical, sequential
disciplined process of rationalizing,
analyzing, evaluating, and interpreting
information to make informed judgments
and/or decisions.
Creative thinking generates new ideas
when looking at problems or
situations, bringing a fresh perspective,
conceiving something new or original.
Critical and Creative Thinking: A Powerful Combo
Critical and Creative Thinking: A Powerful Combo
Innovators often combine critical thinking and creative thinking
• After creative thinking has generated novel ideas,
critical thinking can be performed to vet those
ideas to determine if they are practical.
…
• No matter what process you elect, the ultimate goal is to generate
ideas that are unique, useful, and worthy of further elaboration.
Never suffer about making decisions!
No matter your investment in your decision, you
have a 50% chance to make the RIGHT decision!
Instead of sweating over that decision, follow this
simple procedure:
1) Look carefully at the options (but not too long)
2) Select the one option that you like best
3) Make the decision… immediately. It’s over!
4) Implement the decision and do your best to
make it work.
5) If time proves that it was a bad decision (50%
rule), revise and adjust, using the current
information to make another decision.
6) See if that decision works better. If not,
following the procedure one more time.
It’s all good. Never fret.
What do you know? Where did you get that information?
WHAT/WHO SHOULD YOU BELIEVE THESE DAYS ?
Americans broadly agree on the credibility of mainstream media for their regular news.
Evaluate Information
Sources
-Not all information is reliable or true.
-Magazine and newspaper articles, books,
television news and reports, and Internet
sources vary widely in their reliability.
Five Criteria for Evaluating Reliability:
1. Authority
2. Accuracy
3. Objectivity
4. Currency
WHEN YOU READ, HEAR OR WATCH
THE
ANALYTICA
L METHOD
WHEN YOU READ, HEAR OR WATCH (AAOCC), consider the following:
1. Authority: What is the bias of the author/publisher and what are their credentials?
Who is the author and where was the information published? TV, NEWS PAPERS,
PERIODICALS?
WHEN YOU READ, HEAR OR WATCH (AAOCC), consider the following:
2. Accuracy/Quality: Are conclusions based on facts that can be checked in other
credible sources or is the information based on mere opinion, suspicion, or some
“conspiracy theory”?
The information is based on realistic observations, measurements, analyses,
interpretations, and reasonable conclusions…. OR misinformation is part or essential to the
conclusion?
-How reliable are the cited sources?
-Does high-quality writing/production enhance the reader's confidence in the accuracy -
and reliability?
3. Objectivity: is the information sufficiently objective or too biased to be seriously
considered?
All authors/media have their own agendas --to sell, influence legislation or capture
converts.
Of course, a highly biased presentation can be included in scholarly research as long as
the bias is identified and weighed against alternative views or interpretations.
4. Currency: Does the timeliness of the information will affect its usefulness.
5. Coverage: Does the source adequately cover the topic?
-Do you need more sources, another perspective, to have a realistic and thorough
understanding.
It’s perhaps never been more important to ask:
What kind of country do I want to live in, work in, and raise my family in?
What kind of America do I believe in?
https://www.heritage.org/americas-biggest-issues?gclid=Cj0KCQjwu7OIBhCsARIsALxCUaOC1ygz2LqMRL2927sN8HJ8Tzuwverz3l6GgHoYkI3YGSZBG1bAwG8aAub1EALw_wcB
After thoughtfully reading the article or viewing the video, WHICH AMERICA DO YOU CHOOSE?, apply
your critical thinking tools to (two or more typewritten pages) about the credibility of the video. Explain
(1) the publisher’s intended purpose in producing this video and (2) the conclusions the publisher intend
viewers to make. (3) Are the questions asked are the right questions? (4) Then select one of the TRUTH-O-
METER “temperatures” that best describes the overall effect of the video and argue why that
“temperature” is the conclusion for a reasonable person using his/her critical thinking faculties.
YOUR
The Nature and Sources of Law
Which America
The United States was established on a set of principles and
ideals based on facts and reason that have guided and shaped
the justice system since our Founding.
The Nature and Sources of American Law
TWO LETTERS
but
WHICH ARE NOT THE LAW…
The Nature and Sources
of American Law
The Declaration of Independence
A turning point
in English history
…And laying the
foundation for
American law.
The Nature and Sources of American Law
Magna Carta issued by
King John at Runnymede
on June 15, 1215
The youngest of Henry II’s five sons, John
Lackland was never even expected to
inherit land, let alone become king of his
father’s empire.
As king, John abused his power and
won himself the moniker of “Bad
King John.”
The Magna Carta was created to reign-in his
abuse of power, particularly his power to
raise taxes, order the death or
imprisonment of any man with-out a fair
trial, or take property without
compensation.3.30m https://www.youtube.com/watch?v=7xo4tUMdAMw
The Age of Reason was an intellectual and philosophical
revolution that dominated Europe during the 17th and 18th
centuries, paving the way for political revolutions.
BETWEEN THE TWO NASTY LETTERS…THE MAGNA CARTA
AND THE DECLARATION OF INDEPENDENCE
The new ideas in The Age of Reason
(or the Enlightenment) centered on the personal pursuit
of happiness, the sovereignty of reason (i.e., the power
of the mind to think, understand, and form judgments by
a process of logic in order to establish THE common
standard of truth in religion and politics), an emphasis
on the scientific method, and the evidence of the senses
as the primary sources of knowledge.
The Nature and Sources of American Law
BETWEEN THE TWO NASTY LETTERS…
The motto of the age
Immanuel Kant
Age of Reason
Revolutionary ideals of The Age of Reason
+liberty +
+progress +
+toleration +
+fraternity +
+scientific method +
+constitutional government +
The new ideas undermined the authority of the monarchy and the Church
DEISM is the belief that a higher power created the world, but does
not interfere with natural law or perform miracles. People should
rely on logic and reason, instead of religious traditions based on
writings in books (scripture) or dogma.
Famous Deists include
Napolean Benjamin Franklin Thomas Jefferson
THE straw that broke the camel’s back:
The Boston Tea Party
The Sugar Act, the
Molasses Act, the Rum
Act, the Stamp Act…
and other taxes were
imposed on the
colonists to reduce the
British Empire’s debt
from the Seven Years'
War (1756-1763).
The Tea Act granted the British East India Company Tea a monopoly on tea sales in
the American colonies. This was what ultimately compelled a group, the Sons of
Liberty, to disguise themselves as Mohawk Indians, board three ships in Boston
Harbor, and destroy over 92,000 pounds of tea.
The Tea Act was the final straw in a series of unpopular policies and taxes
imposed by Britain on her American colonies, igniting a “powder keg” of
opposition among American colonists. The Tea Act imposed no new taxes on the
American colonies. The tea tax had existed for a dozen years.
Along with tea, the Townshend Revenue Act also taxed glass, lead, oil, paint, and
paper. Due to boycotts and protests, the Townshend Revenue Act’s taxes were
repealed on all commodities except tea in 1770.
The tea tax was kept
in order to maintain
Parliament’s right to
The Nature and Sources
of American Law
American history portrays King
George III an evil tyrant and a
deranged lunatic who cruelly and
brutally oppressed the American
colonists for sheer sadistic
pleasure.
Certainly, he abused his power of the
purse, which angered Colonists, as
he imposed taxes and tariffs on
imports and exports (=1% of
Colonists’ income).
King George III
In fact, King George III was a family man, sober
and likeable-- a moderate, who favored
appeasing colonists to keep them from rebelling.
As a good constitutional monarch, like Queen
Elizabeth II, he went along with Parliament’s
decisions, even when he personally disagreed
with them. So there was little he could do to
prevent the American Revolution.
King George III
And for most of the eighteenth century, the
relationship between Britain and her American
colonies was mutually beneficial. Even as late
as June 1775, Thomas Jefferson said that he
would "rather be in dependence on Great
Britain, properly limited, than on any nation
upon earth, or than on no nation.
The Nature and Sources
of American Law
The final straw, Colonists objected
to the Tea Act , believing it violated
the rights of Englishmen to
"taxation without
representation”
i.e., only elected representatives
of the English Parliament
(representing ONLY the King’s interests)
had the power to tax the colonies.
THEN CAME THE
The Declaration of Independence
The Nature and Sources of American Law
17TH CENTURY PHILOSOPY & 18TH CENTURY POLITICS
CAME TOGETHER
IN THE REVOLUTIONARY IDEALS EXPRESSED IN
-contains the ideals or goals of our new nation.
-contains the complaints of the colonists against the British
king.
-contains the arguments the colonists used to explain why
they wanted to be free of British rule.
In Congress, July 4, 1776.
The unanimous Declaration of the thirteen
United States of America,
When in the Course of human events, it
becomes necessary for one people to
dissolve the political bands which have
connected them with another…
We hold these truths to be self-evident, that
all men are created equal, that they are
endowed by their Creator with certain
unalienable Rights, that among these are
Life, Liberty and the pursuit of Happiness…
The Nature and Sources of American Law
…In the Name, and by Authority of the
good People of these Colonies,
solemnly publish and declare, That
these United Colonies are, and of Right
ought to be Free and Independent
States; that they are Absolved from all
Allegiance to the British Crown, and
that all political connection between
them and the State of Great Britain, is
and ought to be totally dissolved…and
for the support of this Declaration,
with a firm reliance on the protection
of divine Providence, we mutually
pledge to each other our Lives, our
Fortunes and our sacred Honor.
The Nature and Sources of American Law
THE FOUR FUNDAMENTAL PRINCIPLES OF AMERICAN LAW
1. Rule of Law
2. Judicial Review
3. Stare Decisis (Precedent)
4. Justice
The Nature and Sources of AMERICAN Law
A Democratic Principle
The rule of law is a key principle of democracy that ensures
fairness, accountability, and human rights for all.
In its simplest form, the Rule of Law is the foundation for
peaceful, equitable and prosperous societies.
THE RULE REQUIRES THAT ALL ENFORCEABLE LAWS MUST BE
--publicly promulgated--
--equally enforced--
--independently adjudicated—
THE RULE OF LAW means
1.5 min https://www.youtube.com/watch?v=Cu3hjLyTI88
The governing principle of
RULE OF LAW
stands in contrast to governments that answer to a
RULERS (a strong man) who is held ABOVE THE LAW
Autocracy Government in which one person (a cult figure)
possesses unlimited power.
Dictatorship Rule by one person or one political body, such as a
military junta with absolute or near absolute power.
Aristocracy Government that places strength in the hands of a
small, privileged class, distinguished by their wealth, family ties, or
nobility (aristocrats).
THE PRINCIPLE: Courts have the legal power to declare
unconstitutional the acts of the Executive branch and the
Legislative branch; and courts can determine if a statute,
treaty, or administrative regulation contradicts or violates
the provisions of existing law, a State Constitution, or
ultimately the Constitution of the United States.
For example, a President’s decision may be invalidated and stricken from
the books, as can a Congressional law if the United States Supreme
Court determines by a majority vote that the act violates any of the
provisions of the United States Constitution.
Judicial review is one of the checks and balances in the separation of
powers: the power of the judiciary to supervise the legislative and
executive branches when the latter exceed their authority. https://www.youtube.com/watch?v=qx1h0VenFZ4
Fundamental Principles of American Law
2. Judicial review
Fundamental Principles of American Law
3. Stare decisis
THE PRINCIPLE: Court decisions should be guided by stare decisis
“stare decisis” Latin for "to stand by a decision," the doctrine
that a trial court is bound by higher (appellate) court decisions
(precedents) on a legal question which is raised in a lower court.
• Reliance on such stare decisis (precedents) is required in trial
courts until an appellate court changes the rule;
• The trial court cannot ignore the precedent, even when the trial
judge believes it is "bad law".
Stare Decisis Doctrine: Definition and Example Cases https://www.youtube.com/watch?v=Xzq-x-hytJY
THE PRINCIPLE: Justice is the concept of moral rightness
based on ethics, rationality, law, natural law, fairness, and
equity.
Justice is the result of the fair and proper administration
administration of law.
It is the quality of being just; in conformity with truth and reality
in expressing opinions and in conduct; honesty; fidelity;
impartiality or just treatment; fair representation of facts
respecting merit or demerit.
Fundamental Principles of American Law
4.
THE
PRINCIPLES
UNDERLYING
AMERICAN
Equals should be treated
equally and anything that
treats a person unequally is
inherently unequal and illegal.
For example, if Jack and Jill both do the same work,
and there are no relevant differences between them
or the work they are doing, then in justice they
should be paid the same wages.
And if Jack is paid more than Jill simply because he is
a man, or because he is white, then we have an
injustice—a form of discrimination—because race
and sex are not relevant considerations in most
normal work situations.
• AMENDMENT: an addition or alteration made to a constitution, statute, or
legislative bill or resolution
• The Constitution provided two procedures for changing the Constitution:
• (a) an amendment may be proposed by the Congress with a two-thirds
majority vote in both the House of Representatives and the Senate and then
passed by 2/3rds of State legislatures
• OR
• (b) by calling a constitutional convention, approved by majority of votes in two-
thirds of the State legislatures (never has happened)
SOURCES OF AMERICAN LAW—
4. THE BILL OF RIGHTS
• The first ten amendments (the Bill of Rights) to the Constitution is
a list of prohibitions:
• -specific guarantees of personal freedoms and rights,
• -clear limitations on the government's power in judicial and
other proceedings,
• -and explicit declarations that all powers not specifically
delegated to Congress by the Constitution are reserved
for the states or the people (States’ rights!).“What are Rights?”
https://www.youtube.com/watch?v=ZbGtOSlW7sA
SOURCES OF AMERICAN LAW—
4. THE BILL OF RIGHTS
• The first ten amendments to the U.S. Constitution are summarized
below.
• 1. Freedom of religion, speech, press, assembly, and petition.
• 2. Right to keep and bear arms in order to maintain a well-regulated militia.
• 3. No quartering of soldiers.
• 4. Freedom from unreasonable searches and seizures.
• 5. Right to due process of law, freedom from self-incrimination, double
jeopardy.
• 6. Rights of accused persons, e.g., right to a speedy and public trial.
• 7. Right of trial by jury in civil cases.
• 8. Freedom from excessive bail, cruel and unusual punishments.
• 9. Other rights of the people.
• 10.Powers reserved to the states.
SOURCES OF AMERICAN LAW—
4. THE BILL OF RIGHTS
• “Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to
petition the government for a redress of grievances.”
• The First Amendment guarantees several basic freedoms
including:
• religion,
• speech, press, personal expression,
• assembly, and the
• right to petition the government.
•
SOURCES OF AMERICAN LAW—
amendment I
• ESTABLISHMENT Clause forbids the government from establishing an
official religion for the country, which prohibits government from declaring
and financially supporting a national religion or otherwise unduly favoring
one religion over another, or any religion over a non-religion.
• A state religion (or established church) is a religious body officially
endorsed by the state. In Britain, the Queen is the head of the church.
• A theocracy is a form of government in which God or a deity is the
supreme civil ruler (Ancient Israel in biblical times– NO KING. Today,
examples are Saudi Arabia, Iran, and the Vatican.
• FREE EXERCISE Clause forbids the government from interfering with the
practices of any religion, except if the practice(s) violate any laws.
amendment I–
ESTABLISHMENT Clause and FREE EXERCISE CLAUSE
• The opposite of a state religion is a secular state, which is officially
neutral in matters of religion, supporting neither religion nor
irreligion.
• At the founding of the United States, essentially
all European nations had a state religion and a
monarch who ruled “by the grace of God.”
•
• Freedom of religion was first applied as a
principle of government in the founding of the
colony of Maryland, founded by the Catholic
Lord Baltimore, in 1634.
amendment I–
religion
• Under the Constitution, the United States is a strictly secular state
•America is not Catholic, Protestant, Jewish, Islamic, Atheist,
Agnostic or ...
•You are protected to practice your religion (or no religion at all)
because you don’t impose your beliefs on any other American,
personally or through supporting religious legislation.
• No state No state
• church religion
amendment I–
religion
• The secular tradition in the United States of
• FREEDOM OF RELIGION
• has resulted in very little government influence over religious
activities.
• An example, there has always been a certain level of
deference to the idea of “nature’s God,” and this is
referenced in the Declaration of Independence, national
anthem, the Pledge of Allegiance, and on our coinage.
• Such references are kept as vague as possible so that
nobody can seriously oppose it.
amendment I–
religion
• In cases, the Supreme Court has permitted prayers (daily opening of
Congress), facilitating public funds for religious school bussing and
textbooks, and underwriting public funds for publications by religious
student groups’ at universities.
• The Supreme Court has found that prayer, devotional Bible reading,
veneration of the Ten Commandments, classes in confessional religion,
and the biblical story of creation taught as science are inherently and
exclusively religious and are thus forbidden under the Constitution.
• The Court has also ruled against some overtly religious displays at
courthouses, state funding supplementing teacher salaries at religious
schools, and some overly religious holiday decorations on public land.
amendment I–
religion
• Capital punishment
• Universal healthcare
• Reproductive rights,
• including birth control (and its
coverage by insurance) and
• abortion
• Right to die movement and
• euthanasia
• Stem-cell research
• Feminism
• Homosexuality, LGBT rights, and
Same-sex marriage
• Age of consent
• Pornography
• Sex work
• Sexual revolution
• Polyamory
• Circumcision Controversies
Life issues Gender and sexuality
Amendment I --
ARE THESE PRINCIPALLY RELIGIOUS OR POLITICAL ISSUES?
•Freedom of speech is a fundamental democratic
principle, encouraging opinions and ideas without fear
of retaliation, censorship, or legal sanction.
•Freedom of speech includes the right to express, or
disseminate, information and ideas, and
• -the right to seek information and ideas;
• -the right to receive information and ideas;
• -the right to impart information and ideas.
AMENDMENT I –
Freedom of speech
•PRIOR RESTRAINT is permitted when Freedom of Speech
conflicts with other rights and freedoms, including
•There are nine recognized categories of unprotected speech:
•Obscenity Perjury Blackmail True threats
•Fighting words / Incitement to imminent lawless action
•Defamation (including libel and slander)
•Child pornography
•Solicitations to commit crimes
•Some experts also would add treason, if committed verbally
and plagiarism of copyrighted material is not protected.
AMENDMENT I –
unprotected speech
•Freedom of speech includes the right:
• -Not to speak (specifically, the right not to salute the flag).
• -Of students to wear black armbands to school to protest a war
• (“Students do not shed their constitutional rights at the schoolhouse
gate.”)
• -To use certain offensive words and phrases to convey political messages.
• -To contribute money (under certain circumstances) to political campaigns.
• -To advertise commercial products and professional services (with
restrictions).
• -To engage in symbolic speech, (e.g., burning the flag in protest).
AMENDMENT I –
Freedom of speech
https://www.youtube.com/watch?v=4JuxAOL63Ck
HERO?
Colin Kaepernick, the American football star, started the “take a
knee” national anthem protest against police brutality racial
inequality in America.
“You have to stand proudly for the national anthem, or
you shouldn’t be playing, you shouldn’t be there. Maybe
you shouldn’t be in the country." President Trump
•“Congress shall make no law…abridging the freedom
of…the press”
• Freedom of the press is the principle that communication through any
and all media, including printed and electronic media, especially
published materials, is a Constitutional right to be exercised freely…
whether you agree with the information
communicated or not!
AMENDMENT I –
Freedom of press
• “Our liberty depends on the freedom of the press,” said Jefferson,
“and that cannot be limited without being lost.”
AMENDMENT I – Freedom of press
SUMMARY OF THE IMPORTANCE OF A FREE PRESS
• U.S. presidents have had a long, dishonorable history of trying to
undermine the freedom of the press. Woodrow Wilson’s brutal
prosecutions under the Espionage Act of 1917, suppressing critics,
remains the worst example. But, during the late 1930s, Franklin Delano
Roosevelt harassed members of the press, who sought to keep the
United States out of the war raging in Europe. Richard Nixon went to
great lengths attempting to prevent the New York Times and
Washington Post from publishing the Pentagon Papers because those
documents exposed how US policymakers repeatedly lied to Congress
and the American people about the Vietnam War.
AMENDMENT I – Freedom of press
The Tension: Presidents and the Press
• President Washington
complained during his fifth year in
office that the false and
defamatory state- ments
about him in order to
damage his reputation were
“diabolical” and were motivated
by a desire “to impede the
measures of [the] government
generally but more especially to
destroy the confidence which it is
necessary the people should place in
their public servants.”
AMENDMENT I – Freedom of press
The Tension: Presidents and the Press
AMENDMENT I – Freedom of press
The Tension: Presidents and the Press
Obama’s efforts to plug leaks and persecute leakers
exceeded his predecessors. “President Obama used
the Espionage Act to prosecute whistleblowers,
sending a message to those considering speaking
truth to power:
“challenge us and we’ll destroy you.”
The Obama Justice Department targeted Edward
Snowden and Julian Assange, the journalist who
founded WikiLeaks, and convicted a CIA Agent (30
years) and Private Chelsea Manning (35 years) for
exposing outright war crimes.in Iraq and
Afganistan
Obama's war on the press
AMENDMENT I – Freedom of press
The Tension: Presidents and the Press
“The press is doing everything within their
power to fight the magnificence of the
phrase, MAKE AMERICA GREAT
AGAIN, and all of our accomplishments in
office. They are truly the ENEMY OF THE
PEOPLE!” Donald J. Trump April 5, 2019
“Trump may be guilty of many things, politically and privately. But in the case of
freedom of the press, his bark has been far worse than his bite.” Canadian Broadcasting
Company
• It is through
•Publicity is the very publicity alone
soul of justice. that justice
becomes
• the mother of security.
• One of the four cornerstones of our democracy is a free and independent
press.
• The Freedom of the Press allows us to actively participate in our
democracy and holds our government accountable, which is one of
AMENDMENT I –
Freedom of press
• “A free press is the cornerstone of a society
governed by the rule of law. Limiting public
access to information, particularly through
restrictions on the press, weakens
government accountability and
compromises the public’s access to
justice. Weak access to information, in
law or in practice, prevents citizens from
being aware of the rights they are guaranteed,
the mechanisms available to protect those
rights, and the leverage necessary to hold
• President Ronald Reagan their governments accountable.”
AMENDMENT I – Freedom of press
From a speech delivered by Ronald Reagan
on the first anniversary after leaving the presidency.
Authoritarian Govts Tighten Grip on Press Freedom
TOOLS OF AUTHORITARIAN REGIMES
Erode Truth — Attack all the institutions, calling the press as liars, dismissing information as
unreliable, counter legitimate information with disinformation or “alternative facts.”
Weaponize Fear – Embrace a language of violence, promote military might at home. Give would-
be critics reason to believe they’ll be harmed if they oppose.
Target Outsiders — Stoke the fires of xenophobia by demonizing immigrants and foreigners.
Blame domestic problems (including economic problems) on these scapegoats and depict political
opponents as sympathetic to these imagined enemies.
Undermine Institutions — Denigrate the courts, take over the courts, eliminate checks and
balances, undo established treaties and legislation, especially those that limit executive power,
weaken protections for free and fair elections.
Rewrite History — Exert control over schools and the media to indoctrinate the public with
beliefs that reinforce a government in which one person should possess unlimited power.
Exploit Religion — Appeal to the religious majority in the country, while targeting minorities.
Conflate national identity with religious identity.
Divide and Conquer — Use hate speech and encourage violent actors to widen social rifts and
use manufactured crises to increase influence over the masses and ultimately cease power.
•Disinformation is false or misleading information that
is spread deliberately to deceive, including:
•LIES FALSE ADVERTISING PUFFERY
•PROPAGANDA FAKE NEWS NEWS BIAS
AMENDMENT I –
Freedom of press
•LIES (misrepresentation): a false statement intended to deceive; an
intentional untruth; a falsehood.
•FALSE ADVERTISING: False advertising is the use of false, misleading, or
unproven information to advertise products to consumers. Consumers' ability
to distinguish false advertisements is affected by their emotions. People with
positive emotions are more sensitive to false advertisements
•PUFFERY (puffing): a form of promotion and advertising in which a
product or service is praised as being superior to all others like it, without any
evidence to back up the claim.
• It is often employed by politicians.
• Puffery is legal, so long as it does not escalate to misrepresentation.
AMENDMENT I –
Freedom of speech
• PROPAGANDA: Political information that is carefully crafted to be not
objective (because it is false, biased, or misleading information)
intended to influence an audience and further a political agenda,
through producing an emotional rather than a rational response to the
information.
AMENDMENT I –
Freedom of speech
• Propaganda plays on human emotions—fear, hope, anger, frustration,
sympathy—to direct audiences toward the desired goal. In the deepest
sense, propaganda is a mind game—the skillful propagandist exploits
people’s fears and prejudices. Successful propagandists understand how
to psychologically tailor messages to people’s emotions in order to create
a sense of excitement and arousal that suppresses critical thinking.
• A demagogue is a political leader who gains popularity by exploiting
prejudice and ignorance to arouse the common people against
elites (particularly experts), whipping up the passions of the crowd
in search of easy answers, and shutting down reasoned
deliberation by the intoxicated audience … and ultimately into an
intoxicated nation.
AMENDMENT I –
Freedom of speech: Propaganda
One people, one nation, one leader
The Nazi’s won political control of Germany with 37% of
the popular votes.
Nazi propagandists perfected the simplification of their
message, playing on the voters’ emotions and
reducing complicated problems to popular slogans.
“Propaganda works not just to change
your opinion, but to change how you
behave.” President Eisenhower
• SUMMARY:
• It’s impossible to overstate the importance of being able to think
critically about political messages we receive from friends and
relatives, the media, and especially from the mouths of political
candidates.
• We think we hate propaganda. We probably do. But that doesn’t
stop it from working us into its twisted web of destructive lies.
• So when you are washed away over the next months by the flood of
political speeches and advertising, keep these techniques in mind.
• Understand how propaganda robs you of your personal power and
remember that knowledge is power: those with access to reliable
information can shape the future for the good or evil!
AMENDMENT I –
Freedom of speech: Propaganda
AMENDMENT I –
Freedom of press: Fake News
Misinformation refers to inaccuracies that stem from error.
Disinformation is deliberate falsehood by design.
The Rise of Disinformation-- Strategic Deceit
• WHAT IS FAKE NEWS?
• Parody: A light-hearted work which mimics a familiar style (of a
personality, genre, or work)
• Satire: A literary work using humor (particularly irony and
exaggeration), holding up human follies to ridicule or comment on real-
world news events.
•Fake news: A spoken or written publication with the
intent to mislead for financial or political gain, often with
sensationalist, exaggerated, or patently false claims or
headlines intended to grab attention.
AMENDMENT I –
Freedom of press: Fake News
•The rise of fake news highlights the erosion of long-
standing institutional safeguards against misinformation
in an unstable political environment.
•Highly-partisan news sites: These can conflate fact and
opinion, are nakedly supportive of one political
viewpoint or party, and often position themselves as
alternatives to the mainstream media. The Science of Fake
News https://www.youtube.com/watch?v=BIv9054dBBI
AMENDMENT I –
Freedom of press: Fake News
President Donald Trump finally admits that “fake news” just
means news he doesn’t like, as reported on Fox & Friends
https://www.thewrap.com/trump-cpac-speech/
AMENDMENT I –
Freedom of press: bias
In order to prevent BIAS in new coverage, the Fairness Doctrine was
introduced in 1949 the Federal Communications Commission (FCC).
The policy required licensed broadcasters to present both sides
of controversial issues of public importance in an honest,
equitable, and balanced way and opinion had to be labeled.
• The FCC eliminated the policy in 1987 under the direction of
the Reagan Administration and Congress never reinstated it.
• Soon, MSNBC commenced broadcasting and FOX News.
FAIR AND BALANCED NEWS PROGRAMMING HAS NEVER BEEN THE SAME!
George Bernard Shaw
Bias is human. It is good. It just needs
a label.
•Bias by omission (of relevant people or stories)
•Bias by placement (top of the news or hiding it)
•Bias by labeling (the people covered in the story
are Conservative, Liberal, etc)
•Bias by spin (providing a biased interpretation)
• Why should American’s protect the public nature of news sources, rather than
promoting private interests
• The real reason for media bias https://www.youtube.com/watch?v=Z7ZmSxmhohs
•
AMENDMENT I –
Freedom of press
Average
Respondent
2022
July, 2022
WHEN DID THE MEDIA GO WRONG?
The fairness doctrine of the
United States Federal
Communications Commission
(FCC), introduced in 1949, was
a policy that required the
holders of broadcast licenses
both to present controversial
issues of public importance
and to do so in a manner that
was honest, equitable, and
balanced.
• Fact checking is the process of attempting to verify or disprove assertions
made in speech, print media or online content. The practice is essential
for integrity in any area where claims are made, including government,
journalism and business.
• Fact checking, in this context, involves seeking support or guarantees to
back up any claims before making a decision.
• Disinformation is a more aggressive version of misinformation, which is
intended to deceive. Fake news sites, for example, are created as
distribution channels for disinformation that serves the creator's agenda.
Because disinformation is intentional, the onus is on the receiver to
evaluate the material presented. https://www.youtube.com/watch?v=AkwWcHekMdo
THE ANTIDOTE TO misinformation:
FACT-CHECKING
SOURCES OF AMERICAN LAW—
Second Amendment
• GUN RIGHTS ADVOCATES ARGUE
• The right to keep and bear arms is a
Constitutional right for American
people to possess weapons for their
own defense.
• Only a few countries accept that
their people have a right to keep
and bear arms and protect that
right on a statutory level, and even
fewer protect such a right on a
constitutional level.
SOURCES OF AMERICAN LAW—
Second Amendment
•THE GUN CONTROVERSY
•What is the meaning of the phrase "A well
regulated Militia, being necessary to the
security of a free State…" and how does the
phrase effect or limit the right of an individual
"to keep and bear arms"?
SOURCES OF AMERICAN LAW—
Second Amendment
• THE GUN CONTROVERSY … TWO LEGAL OPINIONS
• (1) Under the "individual right theory," the United States Constitution
restricts federal and state legislative bodies from prohibiting or
restricting firearm possession or use for any legal purpose.
• (2) Under the "the collective rights theory," the Second Amendment
affirms that the state's exclusive rights (federal, state, and local
legislatures) to regulate firearms and individuals have only explicit
rights granted them by state law, but have no right under the United
States Constitution to own, possess, or use any firearm.
SOURCES OF AMERICAN LAW—
Second Amendment
• In the first ruling by the U.S. Supreme Court on the 2nd amendment,
• United States v. Cruikshank in 1876, gun rights were held only by the
government (federal, state and local), and so the state could prohibit the
ownership of guns by minorities in that state.
• This ruling was overturned by the U.S. Supreme Court in 2008, as a
result of the case of District of Columbia v. Heller, and two years
later, McDonald v. Chicago, holding that states did not have the right to
restrict ownership of handguns by individuals for self-defense.
SOURCES OF AMERICAN LAW—
Second Amendment
• In the recent case of DC v. Heller, the conservative majority of the
Supreme Court of the United States sided with the majority of
Americans who support sensible gun laws, confirming that gun
safety laws are Constitutional.
• In fact, the majority argued that gun safety laws are critical to
keeping our communities safe and protecting other constitutional
rights, like the freedom to safely assemble in public without fear of
gun violence.
SOURCES OF AMERICAN LAW—
Second Amendment
•Since DC v. Heller, lower courts have upheld a wide
range of gun laws as constitutional, including laws
•restricting concealed and open carry of loaded guns in public;
•banning assault weapons, large capacity magazines, and silencers
•prohibiting criminals and the mentally ill possessing guns
•legislating Firearm design safety standards, Safe storage
requirements, Waiting period laws, Private-sale background
checks and licensing laws
SOURCES OF AMERICAN LAW—
Second Amendment
• Supreme Court to hear gun-control case in Fall term on carrying weapons outside home
• The legal battle over gun control opened a new front Monday at the Supreme
Court, as the justices announced they will consider an important National Rifle
Association-backed lawsuit asserting the constitutional right to carry a weapon
outside the home.
• The court will hear the challenge to a century-old New York law in the term
that begins in October. The restriction requires those who seek a permit to
carry a concealed weapon to show a special need for self-defense and is
similar to laws in Maryland, Massachusetts and elsewhere that the court in
the past has declined to review. Supreme Court passes up challenges pressed
by gun rights groups
• It has been more than a decade since the court last issued a major opinion on
gun control. A change in the court’s membership is probably the reason for the
about-face from last June, when the court passed up nearly a dozen gun-control
challenges.
SOURCES OF AMERICAN LAW—
Second Amendment
•The NRA have said
limitation on the right
to carry a concealed
weapon outside the
home is “perhaps the
single most important
unresolved Second
Amendment question”
since the court found an
individual right to gun
ownership.
SOURCES OF AMERICAN LAW—
Supreme Court to hear gun-control case
•AMENDMENT 5
• No person shall be …deprived of life, liberty, or
property, without due process of law….
•AMENDMENT 14
• No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of
the United States; nor shall any state deprive any
person of life, liberty, or property, without due
process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
limitationS on Government
The Fifth and Fourteenth Amendments
• The 5th and 14th Amendments to the U.S. Constitution
each contain a due process clause, which means that
the government must respect the legal rights owed to a
person.
• Due process balances the powers and needs of law
enforcement and the rights of an individual,
safeguarding arbitrary denial of life, liberty, or property
by the government (punish). *What is the 14th Amendment Due Process Clause?
https://www.youtube.com/watch?v=kmbpyerUxe4
limitationS on Government
The Fifth and Fourteenth Amendments
•Equal Protection of the Law The Constitution prohibits
the government from denying any person equal
protection under the law
(no person shall be denied the same protection
•of the laws enjoyed by others in like circumstances)
•Privileges & Immunities Constitutional clause that
entitles a person to conduct business in a different state
to the same extent as citizens of that state.
Other provisions of the 5th and 14th amendments
defined
•The Miranda Warnings
• The U.S. Supreme Court, in its 1966 ruling in Miranda v. Arizona, ordered
that before an accused can be legally questioned must be provided with
notice of the following: (before they are questioned)
• that they have the right to remain silent;
• that anything they say can and will be used against them in a court of
law;
• that they have the right to be represented by counsel; and
• that, if they cannot afford an attorney, one will be appointed for them.
• 10 Police Interrogation Techniques That You Need To Know About: How Do Police Extract Confessions? https://www.youtube.com/watch?v=js4X-JdciHU (10 minutes)
The Miranda Warnings
an expansion on the rights set forth in the 5th Amendment
•6th Amendment
• The 6th Amendment specifies rights for criminal defendants:
• The right to trial by jury;
• The right to trial in a timely manner;
• The right to be informed of the nature and cause of all accusations
against you;
• The right to confront witnesses against you;
• The right to have legal counsel available to you; and
• The right to compel witnesses to testify on your behalf
The Bill of Rights
•8th Amendment
•The 8th Amendment prohibits excessive bail or cruel and
unusual punishment (though it does not define either term).
•But Supreme Court decisions state that “cruel and unusual
punishment” prohibits
• torture
• deliberately degrading punishment
• or punishment that is too severe for the crime committed.
*What is Cruel and Unusual Punishment? https://www.youtube.com/watch?v=NPVzWAcCyl8
The Bill of Rights – con’t
• For most of recorded history, capital punishments were often
deliberately painful, including the breaking wheel; hanged, drawn
and quartered; boiling to death; death by burning; flaying;
disembowelment; crucifixion; crushing; stoning; dismemberment;
scaphism (a form of execution, among the ancient Persians, in which
the victim is fastened into a hollow boat, force-fed and slathered in
honey and milk and exposed to insects until the victim's death); and
necklacing (where someone puts a tire around the neck, fills it with
gasoline and sets it on fire.)*25 Most Gruesome Methods Of State Execution https://www.youtube.com/watch?v=FU3PjdCU0H8
Is capital punishment
cruel and unusual?
• The Supreme Court has ruled that the death penalty is not a
per se violation of the 8th Amendment’s ban on cruel and
unusual punishment, but the 8th Amendment allows
shaping procedural aspects directing when a jury may
impose the death penalty and how it must be carried out.
• The United States will resume capital punishment for the
first time in nearly two decades, after Attorney General
William Barr directed the Federal Bureau of Prisons to
schedule the executions of five death-row inmates.
Legality of Capital punishment
•REASONS OFTEN GIVEN FOR STOPPING
CAPITAL PUNISHMENT
•a. it is more expensive when factoring in appeals vs
life in prison, and
•b. the government has been sometimes wrong on
death penalty cases.
Legality of Capital punishment
•CATECHISM OF THE CATHOLIC CHURCH:
•The death penalty. Paragraph 2267
•“The death penalty is inadmissible because it is
an attack on the inviolability and dignity of the
person" Thus the church work toward the
abolition of the death penalty worldwide.
the Catechism of the Catholic Church ON
CAPITAL PUNISHMENT
Sanctity of life:
pro-life/PRO-CHOICE
The debate over whether abortion is an expression of health
or a violation of them is decades old
…dating back to at least the 1930s, when the first movement was born to
demand safe, legal abortions. The fight was not drawn along political lines.
Sanctity of life:
pro-life/PRO-CHOICE
The term “pro-life” was originally intended to refer to
child-rearing in a manual by Erich Fromm and A.S.
Neill’s (Summerhill: A Radical Approach to Childrearing)
The authors’ idea was that no pro-life parent or teacher
would ever strike a child. No pro-life citizen would
tolerate executions of criminals by the government, or
tolerate punishment of homosexuals, or tolerate our
condescending attitude toward the bastardy.
Sanctity of life:
pro-life/PRO-CHOICE
The political lines began to be drawn in the 1970s when Democratic
politicians started to align themselves with the feminist movement. Then,
in Jan. 1973, the Supreme Court wrote the landmark Roe v. Wade decision
declaring American women have the right
to choose to have an abortion. In response,
various splinter anti-abortion groups began
to mobilize, and the new movement leaders
decided on what to call themselves;
“pro-life” was chosen to put forth a
positive image.
Sanctity of life:
pro-life/PRO-CHOICE
The success of the label is largely due to its ability to
frame the issue not as standing against something (a
woman’s health) but in favor of life. They labeled their
opposition as Pro-Choice, along with the term used in
Roe v. Wade. It was a marketing masterstroke, one of
the most successful branding achievements in history.
Then in 1980, Ronald Reagan (who had supported
abortion previously throughout his career), ran and won
a presidential campaign with a strong anti-abortion
platform— cementing the Republican Party’s association
with the movement.
DOBBS V
JACKSON
Holding: “The Constitution
does not confer a right of
privacy to any American;
therefore, since privacy the
rational for the court’s
decision the right to abortion
under Roe v.
Wade and Planned
Parenthood of
Southeastern
Pennsylvania v. Casey;
the authority to regulate
abortion is returned to the
PRIVACY means “To concern oneself
only with what is of interest to oneself
and not interfere in the affairs of
others.”
Clean your own house before complaining
about anothers house.
butt out! stick to your own knitting keep out of it mind your own beeswax
My freedom should not be judged by another's conscience? (1 Cor 10:29) keep your nose
out of it keep yourself to yourself MYOB keep off my grass LEAVE ME
DOES LIFE, LIBERTY, AND THE PURSUIT OF
HAPPINESS INCLUDE THE INHERENT RIGHT TO…
?
•Along with defending the lives of the unborn and opposing
abortion, should also be actively supporting the lives of the
aged and the severely retarded, if they claim a moral basis
for the universal sanctity of human life.
•And from their claim that it is always wrong to
intentionally kill a human person, they should adopt a
consistent and principled opposition to capital punishment.
•Since 2019, a majority of Americans support life in prison as
the ultimate punishment under law in the United States.
Sanctity of life:
pro-life / capital punishment
•9th Amendment
• “The enumeration in the Constitution, of certain rights, shall not be construed
to deny or disparage others retained by the people.”
• Unenumerated Rights – Rights that are implied from other legal
rights, but that are not expressly written or enumerated.
• That is to say, the rights of citizens are not limited by those that are
expressly listed in the Constitution.
• EXAMPLES: The right to drive a car or to smoke a cigarette are legal.
• Such rights are retained by the people, since they are not
prohibited in the Constitution, and yet they are not expressly
stated.
The Bill of Rights
• Under the 9th Amendment, the Supreme Court of the United States
has decided that we have a number of other rights not stated in the
Constitution, like:
• The right to privacy. The word "privacy" is never mentioned specifically in the
Constitution, but the Supreme Court has interpreted the Constitution to
assume that this right exists, including the right to be left alone and that police
can’t search you without a warrant signed by a judge (unless they are arresting
you).
• Gay marriage. On June 26, 2015, the U.S. Supreme Court struck down all state
bans on same-sex marriage, legalized it in all fifty states, and required all states
to honor out-of-state same-sex marriage licenses in other states.
The Bill of Rights
other Unenumerated Rights
•10th Amendment
• “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved to
the states respectively, or to the people.”
Each state has its own constitution as the basis
for making and enforcing their local laws.
•The controversies over states' rights have
reached peaks and valleys over the years.
The Bill of Rights
the reserved clause: states rights
• The question of how power should be divided between the federal and
states governments has been a fighting issue in American politics for
more than two centuries.
• The cause of states' rights became heated in the 1820s and 1830s,
fueled by the divisive issue of whether slavery would be allowed in
the new territories forming as the nation as it expanded westward,
leading to the Civil War.
• Typically today, the Supreme Court is closely split on cases involving
states rights against the power of the federal government.
• Conservatives generally favor a restrictive interpretation in favor of
states' rights; the swing justice today is Chief Justice Roberts.
states rights… and duties
• 10th Amendment States must take responsibility for
• ownership of property education of inhabitants
• implementation of welfare and other benefits programs and distribution of aid
• protecting people from local threats maintaining a justice system
•POLICE REGULATION LICENSING
• setting up local governments such as counties and municipalities
• maintaining state highways and setting up and administrating local roads
• raising funds to support their activities (various taxes)
states rights… and duties
Local Ordinances generally govern matters not already covered by
state or federal laws. ... Examples of ordinances would be those
related to noise, snow removal, pet restrictions, and building and
zoning regulations, etc.
•Electoral College
• Most Americans believe that the candidate who receives the most votes should
become President, but we actually elect the President and Vice-president through
an indirect process, the Electoral College. https://www.youtube.com/watch?v=W9H3gvnN468
states rights… and duties
12th amendment
•The 12th Amendment outlines the Electoral College process
• Electors is a body established by the United States Constitution, which
forms every four years for the sole purpose of electing the president and
vice president of the United States.
• The Electoral College was intended by the Founders to encourage a two-
party system to discourage the growing numbers of splinter parties
plagued by many European democracies and Founders wanted every
state to have a role in national elections.
• The winner-take-all system means that minor parties get few electoral
votes, so the result is a President who is the choice of the nation emerges.
• Does your vote count? The Electoral College explained https://www.youtube.com/watch?v=W9H3gvnN468
states rights… and duties
15th Amendment
“The right of citizens of the United States to vote
shall not be denied or abridged by the United
States or by any State on account of race, color, or
previous condition of servitude.”
Why Vote?
Nobody can force a citizen to vote.
But many citizens do vote because
voting lets them choose leaders
who will do things that are
important to them and through
casting their vote, they tell the
government what they want it to do.
• The Constitution provided two procedures for changing the Constitution:
•(a) an amendment may be proposed by the Congress with a
two-thirds majority vote in both the House of Representatives
and the Senate and then passed by 2/3rds of State legislatures
•OR
•(b) by calling a constitutional convention, approved by
majority of votes in two-thirds of the State legislatures (never
has happened)
SOURCES OF AMERICAN LAW
Conservatives prepare new push for
constitutional convention
Conservative lawmakers have begun to mount a new push to call
a constitutional convention aimed at creating a balanced budget
amendment, establishing term limits for members of Congress,
and reform the law that facilitates the nation’s culture war to rein in
what they see as a runaway federal government. Such a
Convention could tackle any other ideas that the members decide,
including limits on Congress’s ability to levy taxes, or gun control,
or roll back all rights to an abortion in the country.
Conservatives
prepare new
push for
constitutional
convention
At a meeting of State legislators on December 21, 2021 in San
Diego at the Legislative Exchange Council’s policy conference hope
to use Article V of the Constitution, which allows state legislatures
to call a convention to propose new amendments. The Legislative
Exchange Council is a conservative group that backs free markets
and states’ rights.
“It’s really the last line of defense that we have. Right now, the
federal government’s run away. They’re not going to pull their
own power back. They’re not going to restrict themselves. And so
this Article V convention is really is the last option that we have,”
said Iowa state Rep. John Wills (R), the state’s House Speaker pro
tempore who backs the convention.
Conservatives prepare new push for constitutional convention
At least two-thirds of states must pass a call to force a convention; so
far, 15 states have passed the model legislation proposed by ALEC.
Bills have passed at least one legislative chamber in another nine
states, and bills have been introduced in 17 more states.
The 15 states that have passed measures so far all have
Republican-controlled legislatures and Republican governors; another
nine states totally controlled by the GOP have yet to finalize passage.
Once a sufficient number of states have approved a call to a
convention, Article V requires any proposed amendments would have
to be ratified by three-quarters of the states to take effect.
New Constitution | Envisioning a New U.S. Constitution https://new-constitution.com/
• Are you a Democrat or a Republican? If you can answer that question, you're ahead of
the game. For many people, political parties are a puzzle.
• The dictionary defines them as groups of people "who control or seek to control a
government."
• The U.S. Constitution doesn't even mention political parties, but each legislative body in
the United States has an aisle that separates one party from the other. Independents?
• THE THE
• DEMOCRATIC REPUBLICAN
• PARTY PARTY
•
Political parties
Political parties –
Political platforms
• The Democratic Party is the oldest existing political party in the U.S., which
began when Jefferson founded the Democratic-Republicans in 1792.
• The modern Democratic party emphasizes social equality,
(attracting immigrants, union and blue-collar workers, women, and
minorities), the protection of the environment, and strengthening
the social safety net.
• They support voting rights and minority rights, including LGBT
rights, multiculturalism, and religious secularism.
• Democrats have been interested in increasing taxes on those with
high incomes and net worth in order to combat wealth inequality
and raise revenue to finance spending priorities.*
https://www.youtube.com/watch?v=wzCzdrQgVZo
The Party of the People
• The Republican Party was formed in 1854 to oppose slavery leaders. The party’s first
candidate lost in 1856, and so realized they needed more than one issue to win. In
1860, they still opposed slavery, but also called for a transcontinental railroad and
free land to settlers. The candidate that year, Abraham Lincoln, won.
• Conservatives seek to preserve a range of institutions such as religion,
parliamentary government, and property rights, with the aim of emphasizing
social stability and continuity. The more traditional elements—reactionaries—
oppose modernism and seek a return to "the way things were".
• Today, Republicans tend to take a more conservative stand on issues. They believe that the federal
government should not play a big role in people's lives. Most Republicans favor lower taxes and
less government spending on social programs. They believe in less government intervention in
business and the economy.
• The Republican Party's conservatism involves support for free market capitalism, free enterprise,
business, a strong national defense, deregulation, restrictions on labor unions, social-conservative
policies, and traditional values, usually with a Christian foundation.
The Grand Old Party
The RIGHT and the LEFT DIFFER OVER MANY ISSUES GOING INTO THE 2021 MIDTERM ELECTIONS.
Justice Immigration Jobs Sexuality Health Care
Education Infrastructure Housing Economy
Elections Prisons Climate Supreme Court FOREIGN
APPOINTMENTS POLICY
•The characteristic most predictive of a person’s political
leanings is his or her tolerance for ambiguity. “The more
intolerant of ambiguity you are—the more you seek control
over your surroundings, certainty, clear answers to things—
the more you tend toward conservative preferences. When
people feel anxious, they want to be protected.”
• Charles Krauthammer was an American
• political columnist and a conservative political
• pundit on FOX. In 1987 Krauthammer won
• the Pulitzer Prize. His weekly column was
• syndicated to more than 400 publications worldwide.
PREDICTING YOUR VOTE!
Conservative versus Liberal Comparison Chart
Conservative Liberal
Political
Views
Right-wing, anti-federalist. Prefer smaller government,
less regulation, most services to be provided by the
private sector in a free market, and a literal
interpretation of the Constitution.
Left-wing, federalist. Prefer more regulation
and services like free universal health care to
be provided by the government to all
citizens.
Economic
Views
Government should tax less and spend less. Cutting
spending to balance the budget should be the priority.
Higher income earners should have an incentive to
invest (credits). Charity is the responsibility of the
people.
Government should provide more services
to the less fortunate (like health care) and
increase taxes if necessary. High-income
earners should pay a larger percentage of
their income as taxes.
Social ViewsOpposed to gay marriage, abortion and embryonic
stem cell research. Support the right to bear arms,
death penalty, and personal responsibility as an
individual.
Gay couples to get equal rights like everyone
else (e.g. marriage); abortion should be
legal; support embryonic stem cell research.
Support restrictions and regulation around
the right to bear arms.
Personal
Responsibility
Individuals should exercise personal responsibility and
it is the governments role to hold them accountable
even with severe penalties. Laws are enacted to
reflect the best interest of the society as a whole.
The people should look to the government
to provide a structure. Laws are enacted to
protect every individual for an equal society
sometimes at the expense of economic
freedom if neccessary.
What are the Conservatives beliefs?
Conservatives believe in personal responsibility, limited government, free markets,
individual liberty, strong national defense, and traditional values. In terms of solving
problems, they put more emphasis on the empowerment of an individual.
What do liberals stand for?
Liberals believe in government intervention and political action to attain equal
opportunity and equality for all, and it is the duty of the government to reduce or
eliminate community issues and to protect civil liberties and human rights. In terms of
solving problems, they need the government to solve it.
What does a Libertarian believe in?
There are also Libertarian who seek to maximize autonomy and political freedom,
emphasizing free association, freedom of choice, individualism and voluntary
association.
What is right-wing and left wing?
The Left-W
ing is characterized by an emphasis on ideas such as freedom, equality,
fraternity, rights, progress, reform and internationalism; the R
ight-W
ing is characterized
by an emphasis on authority, hierarchy, order, duty, tradition, reaction and nationalism.
•Democracy involves people’s participation in their
governance and for that, we have four pillars of democracy:
• Legislative: responsible for making laws to govern the population.
• Executive: responsible for implementing the laws promulgated by the
Legislature and issuing orders to be implemented by administration
officials.
• Judiciary: responsible for interpreting laws, settling legal disputes, and
punishing violators of the law.
• Press/Newspaper/Media: responsible for informing the public, criticizing
the government and stimulate debate, thus ensuring the transparency in
the working of all the above three systems.
• IF YOU DESTROY ONE, YOU DESTROY DEMOCRACY.
Summary:
The four pillars of democracy
Democracy
Democracy was the first system of government where people
ruled themselves, not kings or tyrants. In Athens, for example,
all adult citizens were required to take an active part in the
government. If they did not fulfill their duty, they would be
fined and sometimes marked with red paint.
“Citizens” meant only free men. Women, children, and slaves
were not considered citizens and therefore could not vote.
A republic is a government in which political
power rests with the public and their
representatives, which may or may not be
freely elected by the general citizenry.
In a republic, an official set of fundamental
laws, like the U.S. Constitution and Bill of Rights,
prohibits the government from limiting or
taking away certain “inalienable” rights of the
people, even if that government was freely
chosen by a majority of the people.
Republic vs. Democracy
Republics and democracies both
provide a political system in
which citizens are represented by
elected officials who are sworn
to protect their interests.
In a pure democracy, laws are
made directly by the voting
majority leaving the rights of the
minority largely unprotected.
In a republic, laws are made by
representatives chosen by the
people and must comply with a
constitution that specifically
protects the rights of the
minority from the will of the
majority.
A Democratic Republic is a form of
government that combines elements of
democracy and republicanism. In a
democratic republic, the people elect
representatives who make laws and
policies on their behalf. A democratic
republic aims to balance the rights and
interests of the majority and the
minority, as well as the common good
and individual liberty.
The United States, while basically is a
republic, is best described as a
“representative democracy.”
Capitalism is
based on private
ownership of
resources and
means of
production, and
individual choices
in a free market.
Capitalism is in
contrast to
socialism.
we also
…or are they durable enough?
‘An Epidemic of Mistrust’
After unprecedented years of political conflict and
uncertainty from the information and misinformation,
we face “an epidemic of mistrust of societal
institutions and leaders around the world.”
Both government and media are thought to be
unethical and less competent.
Our institutions are important because they guide the
country's choices -- which paths to follow, which actions
to take, which signals to listen to, and which ones to
ignore* Wall Street Journal, August 15, 2023
TASK FORCE FOR AMERICAN DEMOCRACY MISSION STATEMENT
Our American democracy is under threat.
Our American democracy is under threat
“Democracy is the worst form of government – apart from all the others.”
Winston Churchill, Prime Minster of the United Kingdom (twice)
It should concern us that democracy is under the greatest threat it has faced since the Second
World War. The strains on our democracy culminated on January 6, 2021, when an
insurrectionist mob stormed the U.S. Capitol in a violent attempt to stop the constitutional
process for the election of the next President.
Further, there were a number of related plots to subvert the 2020 presidential election results,
including the appointment of fake electors in seven states to serve illegally in Washington as
members of the Electoral College: Arizona, Pennsylvania, Georgia, Nevada, Wisconsin,
Michigan, and New Mexico.
State election officials and workers have also faced unprecedented scorn and physical threats
simply for doing their jobs and refusing to bend to political pressure.
Our American democracy is under threat
The facts are sobering:
• In a recent Pew study, 51% of Americans said they are
dissatisfied with how democracy is working and 46%
said they are open to other forms of government,
including rule by a strong leader (authoritarian system).
• Less than one third of Millennials consider it essential
to live in a democracy.
• 25% of US adults can name only 1 of the 3 branches
of government and more than 20% can't name any
branch of government.
• Against all available evidence, 17% of Americans
believe the 2020 election was stolen and question the
integrity of our election system. Some even say they
are prepared to resort to violence if their desired
candidate does not win the next election.
One of the difficulties of democracy is that the government is "run by the people." A democratic system requires the
participative leadership: getting input from various sources throughout society before making a decision and then moving
forward to a final vote on policies. Democracy is inherently a painfully cumbersome way to operate a government.
Post-truth politics and why the antidote isn’t simply ‘fact-
checking’ and truth
An alternative
For America?
Autocracy Government in which
which one person (a cult
figure) possesses unlimited
power.
Dictatorship Government ruled
by one person or one political body, such as a
military junta with absolute or near absolute
power.
Aristocracy Government that places strength
in the hands of a small, privileged class,
distinguished by their wealth, family ties, or
nobility (aristocrats).
Fascismis a far-right,
authoritarian, ultranationalist
political ideology and movement,
characterized by a dictatorial
leader, centralized autocracy,
militarism, forcible suppression of
opposition, belief in a natural
social hierarchy, subordination of
individual interests for the
perceived good of the nation and
and race, and strong regimentation
of society and the economy.
Benito Mussolini (left) and Adolf Hitler (right),
the leaders of Fascist Italy and Nazi Germany.
Communism
Communism is a radical-left to far-left authoritarian
governmental ideology within the socialist movement, which
forcibly establishes a society with common ownership of the
means of production, distribution, and exchange that
allocates products to everyone in the society based on need.
A communist movement entails the dictate that there is an
absence of private property and social classes, and ultimately
money and the state.
Socialism
Socialism is a political and economic system
in which property and the means of
production are owned in common, typically
controlled by the state or government.
Socialism is based on the idea that common
or public ownership of resources and means
of production leads to a more equal society.
RIGHT?
Family
Church/organized religion
Government agencies:
-presidency
-congress
Supreme Court and the judiciary
Police
Criminal justice
Military
Science/Medical system
Big business and Small business
Large tech companies
Organized labor
Property rights
Banks
Public Schools
Journalism
– all writing
-Newspaper
-Television news
-Internet news
AMERICAN INSTITUTIONS
(WHICH INCLUDE CULTURAL NORMS -- LIKE HONESTY, TRUST, AND COOPERATION)
(1) equality in voting,
(2) effective participation,
(3) enlightened understanding,
(4) citizen control of the agenda,
and
(5) inclusion.
The five
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oA1 2023 FALL BA 340 Pp.pptx

  • 1.
  • 2.
  • 3. Some methods for influencing human behavior are voluntary or optional, such as education, ethics, peer and family pressure. Law, on the other hand, employs hard and fast rules that dictate human conduct. Law is all pervasive.
  • 4. Regulations are rules promulgated and adopted by the administrative agency, which is responsible for implementing, overseeing and enforcing the regulation, in accordance with a law passed by Congress or other legislative body. .. Regulations only effect those who deal directly with the agency who is enforcing them.
  • 5. What is Policy? Policies are written rules that guide a government agency, by which the agency achieves its unique tasks, authorized by Congress (or other legislative body) for the benefit of society as a whole.
  • 6.
  • 7. Law reflects the view that free people must take responsibility for their actions and must be held responsible for their actions, and the courts are a reliable instrument for holding them WHAT DOES LAW DO FOR SOCIETY?
  • 8. Ultimately, laws avoid chaos and create order for society, as well as prevent or deter people from behavior that negatively affects the quality of life of other people; so, there are often significant consequences to breaking the law. INTRODUCTION TO THE COURSE Functions of Law
  • 9. •The ultimate goal of the American legal system is the promotion of the common good by… •Establishing Standards •Promoting Consistency •Maintaining Order •Resolving Disputes •Protecting Liberties and Rights INTRODUCTION TO THE COURSE Functions of Law for society
  • 10. INTRODUCTION TO THE COURSE Functions of Law for society The American legal system has developed with the purpose of establishing standards for acceptable conduct, proscribing punishment for violations as a deterrent, establishing systems for enforcement, and peacefully resolving disputes.
  • 11. Establishing Standards The American legal system was developed with the goal of establishing a set of standards that outline what is to be considered minimally acceptable behavior. Federal laws are those that all United States citizens are expected to follow. State and local laws may often be like federal laws, but they INTRODUCTION TO THE COURSE functions of law for society
  • 12. Establishing Standards It is easy enough to see why murder and theft are crimes, but laws also provide a framework for setting many other kinds of standards. Federal regulations provide enforceable rules and protections regarding taxes, commercial transactions, employment laws, insurance, and other important areas. INTRODUCTION TO THE COURSE functions of law for society
  • 13. Promoting Consistency The American legal system considers the unique facts of the instant case, identifies the applicable rule (law), promotes past judicial precedents in similar/past case, uses reasoning to compare the current case to similar/past cases, with the intended result of promoting fairness through consistency. Judges in the Common Law system help shape the law through their rulings and interpretations. This body of past decisions is known as case law. Precedent (previous court rulings on similar cases) inform judges rulings on their own cases. INTRODUCTION TO THE COURSE functions of law for society
  • 14. Laws provide order and predictability. The structure and organization of laws promote, provide, and maintain social structures, greater productivity, and help individuals feel safe. INTRODUCTION TO THE COURSE functions of law for society Maintaining Order
  • 15. Resolving Disputes Conflicts are to be expected given people’s varying needs, desires, objectives, values systems, and perspectives. -Laws create a system where individuals can bring their disputes before an impartial fact-finder, such as a judge or jury. -There are also legal alternatives where individuals work together to find a solution, such as by using alternative dispute resolution (ADR)including mediation and arbitration. There are courts at every level, from local to federal, to decide who should win in a dispute. INTRODUCTION TO THE COURSE functions of law for society
  • 16. Protecting Liberties and Rights: The United States Constitution– through federal, state, and local laws protect liberties and rights to all.. -Laws protect individual rights and liberties. -The Bill of Rights was added to the U.S. Constitution to guarantee the protection of individuals from other individuals, from organizations, and even from the government.. The First Amendment of the Bill of Rights prohibits the government from making any law that would interfere with an individual’s right to free “speech.” INTRODUCTION TO THE COURSE functions of law for society
  • 17. INTRODUCTION TO THE COURSE Why study law as a business student? Laws Protect Businesses and Individuals We need business laws to cover all of these activities so that businesses can operate with some measure of predictability. For example, suppose you wanted to open a shoe factory. You’ll need to buy a piece of property and build your factory, which will be very expensive. Without established, predictable property laws that ensure that you are the legal owner of the land, you would be very reluctant to build the factory. There would always be some risk that someone else would come along and claim your property and factory as their own.
  • 18. INTRODUCTION TO THE COURSE Why study law as a business student? The same is true for all other business activity. You wouldn’t ship shoes to a retailer unless you had a way to force them to pay for the goods. You wouldn’t hire employees without some means of firing them if they didn’t do their job. In other words, it’s important to enter into contracts with a means of enforcing the agreement. It’s also important for business owners, managers, and supervisors to understand what rights the business has against other businesses and individuals. For example, if you have an employee who is not doing his or her job, you should know your options. If you make and sell tires, you must know who will be held liable if someone is injured due to a blowout. If you enter into a contract with another business, you need to know who is bound to the contract, as well as what happens if those individuals cannot perform what they legally agreed to do.
  • 19. Why you should study 1. Strong foundation for academic studies and career options Legal studies enable students to achieve their future career goals, from business, accounting to media, academia, commerce and industry, social work, politics … and learning the systematic means of solving problems in society. 2. Master critical thinking and analytical skills The knowledge and skills gained from studying law facilitate students to analyze both sides of complex situations or problems, and to devise the best solution based on strong reasoning. independent and critical thinking. 3. Development of self-confidence Studying law is an empowering experience. Students often work in groups and actively participate in ?
  • 20. BUSINESS TOPICS CONSIDERED IN THIS COURSE
  • 21. Many people think that the study of law is only suitable for those who want to be an attorney, but that can’t be further from the truth. The law is the bedrock of many important decisions, creating opportunities and responsibilities for a business. INTRODUCTION TO THE COURSE Why study law as a business student?
  • 22. • Law is a dynamic and ever-changing field that affects everyone in his/her personal capacity, in their business interactions, and as citizens. • Studying the legal environment of business helps us understand how to reduce liability risks, identify legal problems, and exploit the links between successful business and the law. Law is a core value shared by all Americans! SUMMARY
  • 24. An enhanced interaction and reinforced levels of communication: (1) Power Point accompanying lectures (2) Lecturer’s notes are provided… and you should supplement them with your own notes. (3) Major principles are explained… and expanded through legal cases, videos and discussion. (4) Read and complete assignments timely. (5) Students and the instructor both ask and answer questions! My experience Approach to this Course Thinking like a lawyer 5min https://www.youtube.com/watch?v=0L5d2RAWyZs
  • 25. With my extensive legal background and passion for business, my hope is that this course will open your mind and motivate you to seek a successful and gratifying career in business -- for
  • 26. Briefing cases is a unique practice of lawyers. Through casebriefs, you will learn to think like lawyers, as you analyze hypotheticals in class and on exams, and arguing case precedents in your class assignments. When you brief a case, you are dissecting a judicial opinion and providing a summary of the basic components of that case. One of the biggest challenges when briefing a case is parsing* an overabundance of information to reveal only the most important details. When tasked with briefing case law, you will need to be able to identify the material facts of the case to understand and explain the court's ruling. *Parse is defined as to break something down into its parts, particularly for study of the individual parts. An example of to parse is to break down a sentence to explain each word to someone. INTRODUCTION TO THE COURSE briefs
  • 27. A case brief is NOT an essay! A CASE BRIEF is a legal device to summarize and analyze a court opinion, developing a better understanding of the significance of the decision and the issue(s) examined. THE REQUIRED PROCEDURE FOR WRITING A CASE BRIEF: 1) State the Name of the case, the case number, and the court rendered the decision 2) State the Issue (specifically, what is the controversy in the case) 3) State the legal Rule that governs the issue in the case 4) Restate the most relevant Facts in the case 5) State the court’s Decision and their Rational 6) State Your Opinion on the decision and why/why not. INTRODUCTION TO THE COURSE briefs
  • 28. CASE BRIEF EXAMPLE 1) People v. Hall, 19-1392, 597, U.S. (2004) 2) Issue(s): A) is Defendant liable for manslaughter? B What is the meaning of “recklessness” under Colorado law? 3) Rules: Guilt of manslaughter requires conduct with recklessness. “Recklessness” involves a higher level of culpability (responsibility) than criminal negligence, but requires less culpability than intentional actions. The State requires the prosecutor to prove that the defendant caused the victim’s death by consciously disregarded a substantial and unjustified risk that he would cause the death of another. 4) Facts: the defendant, a former ski racer trained in ski safety, skied straight down the dangerous route of a steep and bumpy slope of a mountain at a high rate of speed. He lost control and struck the victim, killing him. 5) Decision: Defendant is guilty of manslaughter because he killed a human being, while acting “despite his subjective awareness of a substantial and unjustifiable risk of death from his conduct. Specifically, the defendant had the training and experience to appreciate the risk of harm, as a former ski racer trained in ski safety. He consciously disregarded that risk when he hurtled himself straight down a steep and bumpy slope. The risk was substantial and unjustified because, as a ski racer, defendant knew what harm might occur from losing control on skis at a high rate of speed, yet he chose to ski the dangerous route down the mountain.
  • 29. YOUR (1)Read the case Marbury v. Madison, 1 Cranch 137 (1803). (2)Underline the most important words and ideas in the case (3)Draft a case brief, in accordance with the standard format DO NOT RESEARCH THE CASE / AVOID PLAGARISM ALWAYS
  • 30.
  • 32. So, are you ‘Educable’? The educable person doesn’t believe that they already know-it-all. They have the capacity to wonder with an open mind into new information, setting aside old ideas and prejudices. They seek logical, clear, informed
  • 33. • Thinking like a lawyer also requires using judgment. Just because a logical argument can be made doesn’t mean that argument is good. • Judgment is necessary to determine if a given line of reasoning or conclusion is in anyone’s best interests or advances society as a whole, or if it’s destructive and dangerous. Thinking like a lawyer can be helpful in many different contexts,
  • 34. “The Facts and the Law “is a term used to denote issues or events that have taken place and the legal jurisdiction that governs how they are viewed. Fact in legal terms, is the event, while law refers to the actual rules that determine how facts are viewed by the courts.
  • 35. Thinking like a lawyer means using logic, facts and evidence to analyze problems and find solutions. Thinking like a lawyer means identifying which facts are important, then analyzing, and evaluating arguments on different sides of a question with care, precision, and nuance. It also means paying attention to language, context, and contingency, and understanding that words can have multiple meanings and can be manipulated.
  • 36. • Approach the issues (the problem(s) from all angles • Avoid emotional entanglement • Argue both sides • Question everything • Accept ambiguity STEP ONE: ISSUE SPOTTING Spotting issues is the skill of identifying the questions or problems that arise from a given set of facts. In order to intelligently analyze a topic, you to spot the important issues. Once you spot the issues, you can then analyze the information:
  • 37. Approach a problem from all angles. To see all the possible issues in a set of facts, lawyers look at the situation from different perspectives. Putting yourself in others’ shoes allows you to understand other points of view. For example, suppose you’re walking down a street and notice a ladder leaned against a building. A worker on the top rung is reaching far to his left, cleaning a window. There are no other workers present, and the bottom of the ladder juts out onto the sidewalk where people are walking. Issue spotting involves not only looking at this situation from the viewpoint of the worker and the person walking on the street, but also the building owner, the worker’s employer, and potentially even the city where the building is located.
  • 38. Avoid emotional entanglement. Thinking like a lawyer requires putting aside personal interests or emotional reactions to focus on the important, relevant, provable facts. Feelings aren’t rational. Emotions and sentiment can blind you, causing you to be attached to details that bear little or no importance to the outcome of the situation. For example, suppose a criminal defendant stands charged with molesting a small child. Police arrested him near a playground, and immediately began asking him why he was there and his intentions regarding the children playing nearby. The distraught man confessed he planned to harm the children. The details of the case may be revolting, but the defense attorney will set aside the emotional trauma and focus on the fact that the defendant was not informed of his right to remain silent before he was questioned. Argue both sides. The ability to argue both sides of an issue means you understand that there are two sides to every story, each of which has potentially valid points. Further, the failure to understand the other side’s argument(s) prevents you from properly preparing for the important
  • 39. Question everything. Ask why? Thinking like a lawyer means not taking anything for granted Break down assumptions. Like emotions, assumptions create blind spots in your thinking. Lawyers seek evidence to prove every factual statement and assume nothing is true without proof. Accept ambiguity. Much of thinking like a lawyer involves being comfortable with nuances and gray areas. Most issues in life, particularly in business negotiations, are seldom black and white. Life is complex and your willingness to integrate the perspective of other(s) into your plans as a businessperson. Ambiguities require flexibility (aka, open-mindedness). For example: Is climate change explainable
  • 40. Basic Terms and Terminology: Fact and Opinion A fact is the reality, the only truth about a thing or idea that can be verified and proven true. An opinion is a statement that reflects an author's point of view, belief, perspective, personal feeling, and values; Opinions cannot be verified and proven to be true or false like a fact can be verified and proven to be true; however, a person's opinion can be supported or refuted when a critical thinker scrutinizes and critically evaluates the author's opinions, point of view, beliefs, perspective, personal feelings and values, and these opinions are based on documented valid and reliable facts.
  • 41. • A bias is the already formulated preference/prejudgment by the person for or against something. • Confirmation bias is the tendency for a person to seek information that supports and favors their preexisting thoughts, beliefs, and opinions, while avoiding contrary information. • Overconfidence bias is manifested when a person believes that they and they alone are the expert on a given subject. • Halo effect bias is characterized with a person's inclination to blindly accept the thoughts, views, and perspectives of another person, even though that person's knowledge, traits and characteristics have little or nothing to do with the perceived expertise that a person thinks that they have. • Horn effect bias is the opposite …when a person's inclination is to blindly reject the thoughts, views, and perspectives of another person, who may have superior knowledge, traits and characteristics on the topic. Basic Terms and Terminology
  • 42. Stereotypes are characteristics imposed upon groups of people because of their race, nationality, and sexual orientation. These characteristics tend to be oversimplifications of the groups involved and, even if they seem "positive," stereotypes are harmful. Basic Terms and Terminology
  • 43. Everyone is entitled to their own honest opinion. Having a different mindset than others can be a good thing because it starts conversations; it forces someone to step outside of their own thoughts and comfort zone and really see things from a new perspective. Not having an opinion is boring, often worse than having an opinion that someone may not agree with. An opinion is your own personal thoughts that are based on your own personal experience. Your opinion is welcome in this class! .. There is a fine line between an opinion and a judgment
  • 44. Judgments, like any personal opinion, can be wrong. But a judgment is different in that it has been arrived through serious assessment, deliberation on the alternative(s), resulting in the formation of a critical decision based upon the best, most reasonable and reliable evidence available to you. Judgment implies authority, some level of expertise; thus, judgments tend to settle matters with a sense of wisdom and certainty. JUDICIAL OPINIONS are rendered and published, providing a sense of ‘right’ and ‘wrong’, ‘good’ or ‘bad’. JUDICIAL OPINIONS are the last word --the current Law-- on the particular issue.
  • 45. Argumentation recipe 2 min https://www.youtube.com/watch?v=CmZ_P9KhA1o&t=24s Social encounters throughout the Western World have descended into polarized shouting matches. Mocking, bullying, name calling and silencing one’s opponents have become common in the context of discussions where winning is everything and the truth counts for nought. While there might be circumstances where anger and forceful indignation are warranted, there is little doubt that the current climate is one in which disrespect for others with whom we disagree is prevalent. Our times are characterized by widespread uninhibited anger. But ours is also an age of arrogance. It is arrogance that is responsible for the mocking, the bullying, and the silencing.
  • 46. 2.5 min cartoon The Logical Fallacy - Ad Hominem (Abuse Technique) - YouTube https://www.youtube.com/watch?v=V3I5F_UQbHU 2.5 trump+ What is an Ad Hominem Attack? | Argument Clinic | WIRED – YouTube https://www.youtube.com/watch?v=F5CMW2XBH6I Avoiding a persuasive argument in support of one’s ideas, an ad hominem statement appeals to the feelings or prejudices of the audience and is marked by an attack on the opponent's character, rather than providing a reasonable answer to issue at hand.
  • 47. A Karen is a pushy, corny white woman who is insensitive to those around her, who doesn't read the room, who puts herself first, yet complains in a whiny voice. Karens can be women or men as well. Real life karen stopped by cop Entitled Karen gets Window Smashed and Arrested (CRAZY) – YouTube https://www.youtube.com/watch?v=eSJynKCQSdk 6min 2.5min kids explain https://www.youtube.com/watch?v=Fxd0wLcqO7s
  • 48. Critical Thinking - Improve Problem-Solving and Decision-Making Skills
  • 49. “Critical thinking is thinking about your thinking while you’re thinking in order to make your thinking better.”
  • 50. CRITICAL THINKING is the analysis of facts to form a good judgment. •Everyday there is a sea of decisions before you, and it’s impossible to make a perfect choice every time.
  • 51. Critical thinking skills allow you to understand and address situations based on all available facts and information. Typically, using critical thinking at work involves processing and organizing facts, data and other information to define a problem and develop effective solutions. Critical thinking skills are essential in every industry at every career level, from entry-level associates to top executives. Good critical thinkers can work both independently and with others to solve problems. Issues such as process inefficiencies, management or finances can be improved by using critical thought. Because of this, employers value and seek out candidates who demonstrate strong critical thinking skills. Being objective is a fundamental part of critical thinking. That means analyzing the problem without allowing personal bias, emotions or assumptions to influence how you think. A strong critical thinker will only analyze a problem based on the context and facts collected after conducting thorough and impartial research.
  • 52.
  • 53.
  • 54. THE IMPORTANCE OF CRITICAL THINKING As a college student, you are tasked with engaging and expanding your thinking skills. One of the most important of these skills is critical thinking because it relates to nearly all tasks, situations, topics, careers, environments, challenges, and opportunities.
  • 55. The Importance Of Critical Thinking 1. Critical Thinking Is Universal: No matter what path or profession you pursue, this skill will always be relevant and beneficial to your success because it relates to nearly all tasks, situations, topics, careers, environments, challenges, and opportunities. 2. Critical Thinking Is Crucial For IDENTIFYING AND SOLVING PROBLEMS: Our future depends on technology, information, and innovation and critical thinking is needed for our fast- growing economies and to solve local and international environmental problems as quickly and as effectively as possible. 3. Critical Thinking Improves Language & Presentation Skills: In order to best express ourselves, we need to practice critical thinking so that we can think clearly, while
  • 56. 4. Critical Thinking Promotes Creativity By practicing critical thinking, we are allowing ourselves not only to solve problems but also to come up with new and creative ideas to do so. Critical thinking allows us to analyze these ideas and adjust them accordingly. 5. Critical Thinking Is Important For Self-Reflection Without critical thinking, how can we really live a meaningful life? We need this skill to self-reflect and justify our ways of life and opinions. Critical The Importance Of Critical Thinking
  • 57. 6. The Basis Of Science & Democracy In order to have a democracy and to prove scientific facts, we need critical thinking in the world. Theories must be backed up with knowledge. For a society to effectively function, its citizens need to establish SOLID opinions about what’s right and wrong (by using critical thinking!) The Importance Of Critical Thinking
  • 58. We know that critical thinking is good for society as a whole, but what are some benefits of critical thinking on an individual level? Why is critical thinking important for us?
  • 59. 1. Key For Career Success Critical thinking is crucial for many career paths. Not just for scientists, but lawyers, doctors, reporters, engineers, accountants, managers and analysts (among many others) all have to use critical thinking in their positions. Critical thinking is one of the most desirable skills to have in the workforce, as it helps analyze information, think outside the box, solve problems with innovative solutions, and plan systematically. 2. Better Decision Making Critical thinking encourages the development of crucial skills, like logical thinking and open- mindedness. Thus, critical thinking helps us deal with everyday problems, as the process helps us think independently and to ultimately trust our choices and opinions beyond our mere gut feelings. 3. Promotes Curiosity Critical thinkers are highly creative thinkers, as we remain constantly curious, as we ask questions to know more, about why, what, who, where, when, and everything else that can help us make sense of a situation or concept, never Benefits to Critical Thinking
  • 60. Benefits to Critical Thinking 4. Better Citizens “An educated citizenry is a vital requisite for our survival as a free people.” Thomas Jefferson. Critical thinkers make better citizens, as they seek to understand the entire picture of our social and political challenges. Better informed, we cannot think of ourselves as ignorant and critical thinking can help us avoid getting sucked into misinformation, biases and propaganda. 5. Can Make You Happier! Critical thinking can help you better understand yourself, focusing on your strengths and avoiding negative thinking or limiting your knowledge and beliefs. You also can improve your relationships as critical thinking can provide you the opportunity to better
  • 61. Creative thinking is the ability to consider something in a new way, thinking outside the box. Creative thinking means bringing a fresh perspective to your work and sometimes unorthodox. This way of thinking can help you be more productive. Creative thinking can involve • A new approach to a problem • A resolution to a conflict between employees • A new result from a data set • A previously untried approach to earn revenue • A new product—or product feature What Is Creative Thinking? Employers in all industries want employees who can think creatively and bring new perspectives to the
  • 62.
  • 63. 1. Creative thinking tries to create something new, while critical thinking seeks to assess worth or validity of something that already exists. 2. Creative thinking is generative, while critical thinking is analytical. 3. Creative thinking is divergent, while critical thinking is convergent. 4. Creative thinking is focused on possibilities, while critical thinking is focused on probability. 5. Creative thinking is accomplished by disregarding accepted principles, while critical thinking is accomplished by applying accepted principles Key Differences
  • 64. • Open-mindedness • Flexibility • Imagination • Adaptability • Risk-taking • Originality • Elaboration • Brainstorming Imagery Unique Creative Thinking Skills
  • 65. Benefits of creative thinking to your business achievements
  • 66.
  • 67. Critical thinking is the logical, sequential disciplined process of rationalizing, analyzing, evaluating, and interpreting information to make informed judgments and/or decisions. Creative thinking generates new ideas when looking at problems or situations, bringing a fresh perspective, conceiving something new or original. Critical and Creative Thinking: A Powerful Combo
  • 68. Critical and Creative Thinking: A Powerful Combo Innovators often combine critical thinking and creative thinking • After creative thinking has generated novel ideas, critical thinking can be performed to vet those ideas to determine if they are practical. … • No matter what process you elect, the ultimate goal is to generate ideas that are unique, useful, and worthy of further elaboration.
  • 69.
  • 70. Never suffer about making decisions! No matter your investment in your decision, you have a 50% chance to make the RIGHT decision! Instead of sweating over that decision, follow this simple procedure: 1) Look carefully at the options (but not too long) 2) Select the one option that you like best 3) Make the decision… immediately. It’s over! 4) Implement the decision and do your best to make it work. 5) If time proves that it was a bad decision (50% rule), revise and adjust, using the current information to make another decision. 6) See if that decision works better. If not, following the procedure one more time. It’s all good. Never fret.
  • 71. What do you know? Where did you get that information?
  • 72. WHAT/WHO SHOULD YOU BELIEVE THESE DAYS ?
  • 73. Americans broadly agree on the credibility of mainstream media for their regular news.
  • 74.
  • 75. Evaluate Information Sources -Not all information is reliable or true. -Magazine and newspaper articles, books, television news and reports, and Internet sources vary widely in their reliability. Five Criteria for Evaluating Reliability: 1. Authority 2. Accuracy 3. Objectivity 4. Currency WHEN YOU READ, HEAR OR WATCH THE ANALYTICA L METHOD
  • 76. WHEN YOU READ, HEAR OR WATCH (AAOCC), consider the following: 1. Authority: What is the bias of the author/publisher and what are their credentials? Who is the author and where was the information published? TV, NEWS PAPERS, PERIODICALS?
  • 77. WHEN YOU READ, HEAR OR WATCH (AAOCC), consider the following: 2. Accuracy/Quality: Are conclusions based on facts that can be checked in other credible sources or is the information based on mere opinion, suspicion, or some “conspiracy theory”? The information is based on realistic observations, measurements, analyses, interpretations, and reasonable conclusions…. OR misinformation is part or essential to the conclusion? -How reliable are the cited sources? -Does high-quality writing/production enhance the reader's confidence in the accuracy - and reliability? 3. Objectivity: is the information sufficiently objective or too biased to be seriously considered? All authors/media have their own agendas --to sell, influence legislation or capture converts. Of course, a highly biased presentation can be included in scholarly research as long as the bias is identified and weighed against alternative views or interpretations. 4. Currency: Does the timeliness of the information will affect its usefulness. 5. Coverage: Does the source adequately cover the topic? -Do you need more sources, another perspective, to have a realistic and thorough understanding.
  • 78. It’s perhaps never been more important to ask: What kind of country do I want to live in, work in, and raise my family in? What kind of America do I believe in? https://www.heritage.org/americas-biggest-issues?gclid=Cj0KCQjwu7OIBhCsARIsALxCUaOC1ygz2LqMRL2927sN8HJ8Tzuwverz3l6GgHoYkI3YGSZBG1bAwG8aAub1EALw_wcB
  • 79. After thoughtfully reading the article or viewing the video, WHICH AMERICA DO YOU CHOOSE?, apply your critical thinking tools to (two or more typewritten pages) about the credibility of the video. Explain (1) the publisher’s intended purpose in producing this video and (2) the conclusions the publisher intend viewers to make. (3) Are the questions asked are the right questions? (4) Then select one of the TRUTH-O- METER “temperatures” that best describes the overall effect of the video and argue why that “temperature” is the conclusion for a reasonable person using his/her critical thinking faculties. YOUR
  • 80. The Nature and Sources of Law
  • 82. The United States was established on a set of principles and ideals based on facts and reason that have guided and shaped the justice system since our Founding. The Nature and Sources of American Law
  • 83. TWO LETTERS but WHICH ARE NOT THE LAW…
  • 84. The Nature and Sources of American Law The Declaration of Independence
  • 85. A turning point in English history …And laying the foundation for American law.
  • 86. The Nature and Sources of American Law Magna Carta issued by King John at Runnymede on June 15, 1215 The youngest of Henry II’s five sons, John Lackland was never even expected to inherit land, let alone become king of his father’s empire. As king, John abused his power and won himself the moniker of “Bad King John.” The Magna Carta was created to reign-in his abuse of power, particularly his power to raise taxes, order the death or imprisonment of any man with-out a fair trial, or take property without compensation.3.30m https://www.youtube.com/watch?v=7xo4tUMdAMw
  • 87. The Age of Reason was an intellectual and philosophical revolution that dominated Europe during the 17th and 18th centuries, paving the way for political revolutions. BETWEEN THE TWO NASTY LETTERS…THE MAGNA CARTA AND THE DECLARATION OF INDEPENDENCE
  • 88. The new ideas in The Age of Reason (or the Enlightenment) centered on the personal pursuit of happiness, the sovereignty of reason (i.e., the power of the mind to think, understand, and form judgments by a process of logic in order to establish THE common standard of truth in religion and politics), an emphasis on the scientific method, and the evidence of the senses as the primary sources of knowledge. The Nature and Sources of American Law BETWEEN THE TWO NASTY LETTERS…
  • 89. The motto of the age Immanuel Kant
  • 90.
  • 92. Revolutionary ideals of The Age of Reason +liberty + +progress + +toleration + +fraternity + +scientific method + +constitutional government +
  • 93. The new ideas undermined the authority of the monarchy and the Church DEISM is the belief that a higher power created the world, but does not interfere with natural law or perform miracles. People should rely on logic and reason, instead of religious traditions based on writings in books (scripture) or dogma. Famous Deists include Napolean Benjamin Franklin Thomas Jefferson
  • 94. THE straw that broke the camel’s back: The Boston Tea Party The Sugar Act, the Molasses Act, the Rum Act, the Stamp Act… and other taxes were imposed on the colonists to reduce the British Empire’s debt from the Seven Years' War (1756-1763).
  • 95. The Tea Act granted the British East India Company Tea a monopoly on tea sales in the American colonies. This was what ultimately compelled a group, the Sons of Liberty, to disguise themselves as Mohawk Indians, board three ships in Boston Harbor, and destroy over 92,000 pounds of tea. The Tea Act was the final straw in a series of unpopular policies and taxes imposed by Britain on her American colonies, igniting a “powder keg” of opposition among American colonists. The Tea Act imposed no new taxes on the American colonies. The tea tax had existed for a dozen years. Along with tea, the Townshend Revenue Act also taxed glass, lead, oil, paint, and paper. Due to boycotts and protests, the Townshend Revenue Act’s taxes were repealed on all commodities except tea in 1770. The tea tax was kept in order to maintain Parliament’s right to
  • 96. The Nature and Sources of American Law American history portrays King George III an evil tyrant and a deranged lunatic who cruelly and brutally oppressed the American colonists for sheer sadistic pleasure. Certainly, he abused his power of the purse, which angered Colonists, as he imposed taxes and tariffs on imports and exports (=1% of Colonists’ income). King George III
  • 97. In fact, King George III was a family man, sober and likeable-- a moderate, who favored appeasing colonists to keep them from rebelling. As a good constitutional monarch, like Queen Elizabeth II, he went along with Parliament’s decisions, even when he personally disagreed with them. So there was little he could do to prevent the American Revolution. King George III And for most of the eighteenth century, the relationship between Britain and her American colonies was mutually beneficial. Even as late as June 1775, Thomas Jefferson said that he would "rather be in dependence on Great Britain, properly limited, than on any nation upon earth, or than on no nation. The Nature and Sources of American Law
  • 98. The final straw, Colonists objected to the Tea Act , believing it violated the rights of Englishmen to "taxation without representation” i.e., only elected representatives of the English Parliament (representing ONLY the King’s interests) had the power to tax the colonies.
  • 100. The Declaration of Independence The Nature and Sources of American Law 17TH CENTURY PHILOSOPY & 18TH CENTURY POLITICS CAME TOGETHER IN THE REVOLUTIONARY IDEALS EXPRESSED IN -contains the ideals or goals of our new nation. -contains the complaints of the colonists against the British king. -contains the arguments the colonists used to explain why they wanted to be free of British rule.
  • 101. In Congress, July 4, 1776. The unanimous Declaration of the thirteen United States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another… We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness… The Nature and Sources of American Law
  • 102. …In the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved…and for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor. The Nature and Sources of American Law
  • 103.
  • 104. THE FOUR FUNDAMENTAL PRINCIPLES OF AMERICAN LAW 1. Rule of Law 2. Judicial Review 3. Stare Decisis (Precedent) 4. Justice The Nature and Sources of AMERICAN Law
  • 105. A Democratic Principle The rule of law is a key principle of democracy that ensures fairness, accountability, and human rights for all.
  • 106. In its simplest form, the Rule of Law is the foundation for peaceful, equitable and prosperous societies. THE RULE REQUIRES THAT ALL ENFORCEABLE LAWS MUST BE --publicly promulgated-- --equally enforced-- --independently adjudicated— THE RULE OF LAW means 1.5 min https://www.youtube.com/watch?v=Cu3hjLyTI88
  • 107. The governing principle of RULE OF LAW stands in contrast to governments that answer to a RULERS (a strong man) who is held ABOVE THE LAW Autocracy Government in which one person (a cult figure) possesses unlimited power. Dictatorship Rule by one person or one political body, such as a military junta with absolute or near absolute power. Aristocracy Government that places strength in the hands of a small, privileged class, distinguished by their wealth, family ties, or nobility (aristocrats).
  • 108. THE PRINCIPLE: Courts have the legal power to declare unconstitutional the acts of the Executive branch and the Legislative branch; and courts can determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the Constitution of the United States. For example, a President’s decision may be invalidated and stricken from the books, as can a Congressional law if the United States Supreme Court determines by a majority vote that the act violates any of the provisions of the United States Constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. https://www.youtube.com/watch?v=qx1h0VenFZ4 Fundamental Principles of American Law 2. Judicial review
  • 109. Fundamental Principles of American Law 3. Stare decisis THE PRINCIPLE: Court decisions should be guided by stare decisis “stare decisis” Latin for "to stand by a decision," the doctrine that a trial court is bound by higher (appellate) court decisions (precedents) on a legal question which is raised in a lower court. • Reliance on such stare decisis (precedents) is required in trial courts until an appellate court changes the rule; • The trial court cannot ignore the precedent, even when the trial judge believes it is "bad law". Stare Decisis Doctrine: Definition and Example Cases https://www.youtube.com/watch?v=Xzq-x-hytJY
  • 110. THE PRINCIPLE: Justice is the concept of moral rightness based on ethics, rationality, law, natural law, fairness, and equity. Justice is the result of the fair and proper administration administration of law. It is the quality of being just; in conformity with truth and reality in expressing opinions and in conduct; honesty; fidelity; impartiality or just treatment; fair representation of facts respecting merit or demerit. Fundamental Principles of American Law 4.
  • 111. THE PRINCIPLES UNDERLYING AMERICAN Equals should be treated equally and anything that treats a person unequally is inherently unequal and illegal. For example, if Jack and Jill both do the same work, and there are no relevant differences between them or the work they are doing, then in justice they should be paid the same wages. And if Jack is paid more than Jill simply because he is a man, or because he is white, then we have an injustice—a form of discrimination—because race and sex are not relevant considerations in most normal work situations.
  • 112. • AMENDMENT: an addition or alteration made to a constitution, statute, or legislative bill or resolution • The Constitution provided two procedures for changing the Constitution: • (a) an amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate and then passed by 2/3rds of State legislatures • OR • (b) by calling a constitutional convention, approved by majority of votes in two- thirds of the State legislatures (never has happened) SOURCES OF AMERICAN LAW— 4. THE BILL OF RIGHTS
  • 113. • The first ten amendments (the Bill of Rights) to the Constitution is a list of prohibitions: • -specific guarantees of personal freedoms and rights, • -clear limitations on the government's power in judicial and other proceedings, • -and explicit declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people (States’ rights!).“What are Rights?” https://www.youtube.com/watch?v=ZbGtOSlW7sA SOURCES OF AMERICAN LAW— 4. THE BILL OF RIGHTS
  • 114. • The first ten amendments to the U.S. Constitution are summarized below. • 1. Freedom of religion, speech, press, assembly, and petition. • 2. Right to keep and bear arms in order to maintain a well-regulated militia. • 3. No quartering of soldiers. • 4. Freedom from unreasonable searches and seizures. • 5. Right to due process of law, freedom from self-incrimination, double jeopardy. • 6. Rights of accused persons, e.g., right to a speedy and public trial. • 7. Right of trial by jury in civil cases. • 8. Freedom from excessive bail, cruel and unusual punishments. • 9. Other rights of the people. • 10.Powers reserved to the states. SOURCES OF AMERICAN LAW— 4. THE BILL OF RIGHTS
  • 115. • “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” • The First Amendment guarantees several basic freedoms including: • religion, • speech, press, personal expression, • assembly, and the • right to petition the government. • SOURCES OF AMERICAN LAW— amendment I
  • 116. • ESTABLISHMENT Clause forbids the government from establishing an official religion for the country, which prohibits government from declaring and financially supporting a national religion or otherwise unduly favoring one religion over another, or any religion over a non-religion. • A state religion (or established church) is a religious body officially endorsed by the state. In Britain, the Queen is the head of the church. • A theocracy is a form of government in which God or a deity is the supreme civil ruler (Ancient Israel in biblical times– NO KING. Today, examples are Saudi Arabia, Iran, and the Vatican. • FREE EXERCISE Clause forbids the government from interfering with the practices of any religion, except if the practice(s) violate any laws. amendment I– ESTABLISHMENT Clause and FREE EXERCISE CLAUSE
  • 117. • The opposite of a state religion is a secular state, which is officially neutral in matters of religion, supporting neither religion nor irreligion. • At the founding of the United States, essentially all European nations had a state religion and a monarch who ruled “by the grace of God.” • • Freedom of religion was first applied as a principle of government in the founding of the colony of Maryland, founded by the Catholic Lord Baltimore, in 1634. amendment I– religion
  • 118. • Under the Constitution, the United States is a strictly secular state •America is not Catholic, Protestant, Jewish, Islamic, Atheist, Agnostic or ... •You are protected to practice your religion (or no religion at all) because you don’t impose your beliefs on any other American, personally or through supporting religious legislation. • No state No state • church religion amendment I– religion
  • 119. • The secular tradition in the United States of • FREEDOM OF RELIGION • has resulted in very little government influence over religious activities. • An example, there has always been a certain level of deference to the idea of “nature’s God,” and this is referenced in the Declaration of Independence, national anthem, the Pledge of Allegiance, and on our coinage. • Such references are kept as vague as possible so that nobody can seriously oppose it. amendment I– religion
  • 120. • In cases, the Supreme Court has permitted prayers (daily opening of Congress), facilitating public funds for religious school bussing and textbooks, and underwriting public funds for publications by religious student groups’ at universities. • The Supreme Court has found that prayer, devotional Bible reading, veneration of the Ten Commandments, classes in confessional religion, and the biblical story of creation taught as science are inherently and exclusively religious and are thus forbidden under the Constitution. • The Court has also ruled against some overtly religious displays at courthouses, state funding supplementing teacher salaries at religious schools, and some overly religious holiday decorations on public land. amendment I– religion
  • 121. • Capital punishment • Universal healthcare • Reproductive rights, • including birth control (and its coverage by insurance) and • abortion • Right to die movement and • euthanasia • Stem-cell research • Feminism • Homosexuality, LGBT rights, and Same-sex marriage • Age of consent • Pornography • Sex work • Sexual revolution • Polyamory • Circumcision Controversies Life issues Gender and sexuality Amendment I -- ARE THESE PRINCIPALLY RELIGIOUS OR POLITICAL ISSUES?
  • 122. •Freedom of speech is a fundamental democratic principle, encouraging opinions and ideas without fear of retaliation, censorship, or legal sanction. •Freedom of speech includes the right to express, or disseminate, information and ideas, and • -the right to seek information and ideas; • -the right to receive information and ideas; • -the right to impart information and ideas. AMENDMENT I – Freedom of speech
  • 123. •PRIOR RESTRAINT is permitted when Freedom of Speech conflicts with other rights and freedoms, including •There are nine recognized categories of unprotected speech: •Obscenity Perjury Blackmail True threats •Fighting words / Incitement to imminent lawless action •Defamation (including libel and slander) •Child pornography •Solicitations to commit crimes •Some experts also would add treason, if committed verbally and plagiarism of copyrighted material is not protected. AMENDMENT I – unprotected speech
  • 124. •Freedom of speech includes the right: • -Not to speak (specifically, the right not to salute the flag). • -Of students to wear black armbands to school to protest a war • (“Students do not shed their constitutional rights at the schoolhouse gate.”) • -To use certain offensive words and phrases to convey political messages. • -To contribute money (under certain circumstances) to political campaigns. • -To advertise commercial products and professional services (with restrictions). • -To engage in symbolic speech, (e.g., burning the flag in protest). AMENDMENT I – Freedom of speech
  • 126. Colin Kaepernick, the American football star, started the “take a knee” national anthem protest against police brutality racial inequality in America. “You have to stand proudly for the national anthem, or you shouldn’t be playing, you shouldn’t be there. Maybe you shouldn’t be in the country." President Trump
  • 127. •“Congress shall make no law…abridging the freedom of…the press” • Freedom of the press is the principle that communication through any and all media, including printed and electronic media, especially published materials, is a Constitutional right to be exercised freely… whether you agree with the information communicated or not! AMENDMENT I – Freedom of press
  • 128. • “Our liberty depends on the freedom of the press,” said Jefferson, “and that cannot be limited without being lost.” AMENDMENT I – Freedom of press SUMMARY OF THE IMPORTANCE OF A FREE PRESS
  • 129. • U.S. presidents have had a long, dishonorable history of trying to undermine the freedom of the press. Woodrow Wilson’s brutal prosecutions under the Espionage Act of 1917, suppressing critics, remains the worst example. But, during the late 1930s, Franklin Delano Roosevelt harassed members of the press, who sought to keep the United States out of the war raging in Europe. Richard Nixon went to great lengths attempting to prevent the New York Times and Washington Post from publishing the Pentagon Papers because those documents exposed how US policymakers repeatedly lied to Congress and the American people about the Vietnam War. AMENDMENT I – Freedom of press The Tension: Presidents and the Press
  • 130. • President Washington complained during his fifth year in office that the false and defamatory state- ments about him in order to damage his reputation were “diabolical” and were motivated by a desire “to impede the measures of [the] government generally but more especially to destroy the confidence which it is necessary the people should place in their public servants.” AMENDMENT I – Freedom of press The Tension: Presidents and the Press
  • 131. AMENDMENT I – Freedom of press The Tension: Presidents and the Press Obama’s efforts to plug leaks and persecute leakers exceeded his predecessors. “President Obama used the Espionage Act to prosecute whistleblowers, sending a message to those considering speaking truth to power: “challenge us and we’ll destroy you.” The Obama Justice Department targeted Edward Snowden and Julian Assange, the journalist who founded WikiLeaks, and convicted a CIA Agent (30 years) and Private Chelsea Manning (35 years) for exposing outright war crimes.in Iraq and Afganistan Obama's war on the press
  • 132. AMENDMENT I – Freedom of press The Tension: Presidents and the Press “The press is doing everything within their power to fight the magnificence of the phrase, MAKE AMERICA GREAT AGAIN, and all of our accomplishments in office. They are truly the ENEMY OF THE PEOPLE!” Donald J. Trump April 5, 2019 “Trump may be guilty of many things, politically and privately. But in the case of freedom of the press, his bark has been far worse than his bite.” Canadian Broadcasting Company
  • 133. • It is through •Publicity is the very publicity alone soul of justice. that justice becomes • the mother of security. • One of the four cornerstones of our democracy is a free and independent press. • The Freedom of the Press allows us to actively participate in our democracy and holds our government accountable, which is one of AMENDMENT I – Freedom of press
  • 134. • “A free press is the cornerstone of a society governed by the rule of law. Limiting public access to information, particularly through restrictions on the press, weakens government accountability and compromises the public’s access to justice. Weak access to information, in law or in practice, prevents citizens from being aware of the rights they are guaranteed, the mechanisms available to protect those rights, and the leverage necessary to hold • President Ronald Reagan their governments accountable.” AMENDMENT I – Freedom of press From a speech delivered by Ronald Reagan on the first anniversary after leaving the presidency.
  • 135. Authoritarian Govts Tighten Grip on Press Freedom
  • 136. TOOLS OF AUTHORITARIAN REGIMES Erode Truth — Attack all the institutions, calling the press as liars, dismissing information as unreliable, counter legitimate information with disinformation or “alternative facts.” Weaponize Fear – Embrace a language of violence, promote military might at home. Give would- be critics reason to believe they’ll be harmed if they oppose. Target Outsiders — Stoke the fires of xenophobia by demonizing immigrants and foreigners. Blame domestic problems (including economic problems) on these scapegoats and depict political opponents as sympathetic to these imagined enemies. Undermine Institutions — Denigrate the courts, take over the courts, eliminate checks and balances, undo established treaties and legislation, especially those that limit executive power, weaken protections for free and fair elections. Rewrite History — Exert control over schools and the media to indoctrinate the public with beliefs that reinforce a government in which one person should possess unlimited power. Exploit Religion — Appeal to the religious majority in the country, while targeting minorities. Conflate national identity with religious identity. Divide and Conquer — Use hate speech and encourage violent actors to widen social rifts and use manufactured crises to increase influence over the masses and ultimately cease power.
  • 137. •Disinformation is false or misleading information that is spread deliberately to deceive, including: •LIES FALSE ADVERTISING PUFFERY •PROPAGANDA FAKE NEWS NEWS BIAS AMENDMENT I – Freedom of press
  • 138. •LIES (misrepresentation): a false statement intended to deceive; an intentional untruth; a falsehood. •FALSE ADVERTISING: False advertising is the use of false, misleading, or unproven information to advertise products to consumers. Consumers' ability to distinguish false advertisements is affected by their emotions. People with positive emotions are more sensitive to false advertisements •PUFFERY (puffing): a form of promotion and advertising in which a product or service is praised as being superior to all others like it, without any evidence to back up the claim. • It is often employed by politicians. • Puffery is legal, so long as it does not escalate to misrepresentation. AMENDMENT I – Freedom of speech
  • 139. • PROPAGANDA: Political information that is carefully crafted to be not objective (because it is false, biased, or misleading information) intended to influence an audience and further a political agenda, through producing an emotional rather than a rational response to the information. AMENDMENT I – Freedom of speech
  • 140. • Propaganda plays on human emotions—fear, hope, anger, frustration, sympathy—to direct audiences toward the desired goal. In the deepest sense, propaganda is a mind game—the skillful propagandist exploits people’s fears and prejudices. Successful propagandists understand how to psychologically tailor messages to people’s emotions in order to create a sense of excitement and arousal that suppresses critical thinking. • A demagogue is a political leader who gains popularity by exploiting prejudice and ignorance to arouse the common people against elites (particularly experts), whipping up the passions of the crowd in search of easy answers, and shutting down reasoned deliberation by the intoxicated audience … and ultimately into an intoxicated nation. AMENDMENT I – Freedom of speech: Propaganda
  • 141. One people, one nation, one leader The Nazi’s won political control of Germany with 37% of the popular votes. Nazi propagandists perfected the simplification of their message, playing on the voters’ emotions and reducing complicated problems to popular slogans. “Propaganda works not just to change your opinion, but to change how you behave.” President Eisenhower
  • 142. • SUMMARY: • It’s impossible to overstate the importance of being able to think critically about political messages we receive from friends and relatives, the media, and especially from the mouths of political candidates. • We think we hate propaganda. We probably do. But that doesn’t stop it from working us into its twisted web of destructive lies. • So when you are washed away over the next months by the flood of political speeches and advertising, keep these techniques in mind. • Understand how propaganda robs you of your personal power and remember that knowledge is power: those with access to reliable information can shape the future for the good or evil! AMENDMENT I – Freedom of speech: Propaganda
  • 143. AMENDMENT I – Freedom of press: Fake News Misinformation refers to inaccuracies that stem from error. Disinformation is deliberate falsehood by design. The Rise of Disinformation-- Strategic Deceit
  • 144. • WHAT IS FAKE NEWS? • Parody: A light-hearted work which mimics a familiar style (of a personality, genre, or work) • Satire: A literary work using humor (particularly irony and exaggeration), holding up human follies to ridicule or comment on real- world news events. •Fake news: A spoken or written publication with the intent to mislead for financial or political gain, often with sensationalist, exaggerated, or patently false claims or headlines intended to grab attention. AMENDMENT I – Freedom of press: Fake News
  • 145. •The rise of fake news highlights the erosion of long- standing institutional safeguards against misinformation in an unstable political environment. •Highly-partisan news sites: These can conflate fact and opinion, are nakedly supportive of one political viewpoint or party, and often position themselves as alternatives to the mainstream media. The Science of Fake News https://www.youtube.com/watch?v=BIv9054dBBI AMENDMENT I – Freedom of press: Fake News
  • 146. President Donald Trump finally admits that “fake news” just means news he doesn’t like, as reported on Fox & Friends https://www.thewrap.com/trump-cpac-speech/
  • 147. AMENDMENT I – Freedom of press: bias In order to prevent BIAS in new coverage, the Fairness Doctrine was introduced in 1949 the Federal Communications Commission (FCC). The policy required licensed broadcasters to present both sides of controversial issues of public importance in an honest, equitable, and balanced way and opinion had to be labeled. • The FCC eliminated the policy in 1987 under the direction of the Reagan Administration and Congress never reinstated it. • Soon, MSNBC commenced broadcasting and FOX News. FAIR AND BALANCED NEWS PROGRAMMING HAS NEVER BEEN THE SAME!
  • 149. Bias is human. It is good. It just needs a label.
  • 150. •Bias by omission (of relevant people or stories) •Bias by placement (top of the news or hiding it) •Bias by labeling (the people covered in the story are Conservative, Liberal, etc) •Bias by spin (providing a biased interpretation) • Why should American’s protect the public nature of news sources, rather than promoting private interests • The real reason for media bias https://www.youtube.com/watch?v=Z7ZmSxmhohs • AMENDMENT I – Freedom of press
  • 151.
  • 153. WHEN DID THE MEDIA GO WRONG? The fairness doctrine of the United States Federal Communications Commission (FCC), introduced in 1949, was a policy that required the holders of broadcast licenses both to present controversial issues of public importance and to do so in a manner that was honest, equitable, and balanced.
  • 154. • Fact checking is the process of attempting to verify or disprove assertions made in speech, print media or online content. The practice is essential for integrity in any area where claims are made, including government, journalism and business. • Fact checking, in this context, involves seeking support or guarantees to back up any claims before making a decision. • Disinformation is a more aggressive version of misinformation, which is intended to deceive. Fake news sites, for example, are created as distribution channels for disinformation that serves the creator's agenda. Because disinformation is intentional, the onus is on the receiver to evaluate the material presented. https://www.youtube.com/watch?v=AkwWcHekMdo THE ANTIDOTE TO misinformation: FACT-CHECKING
  • 155. SOURCES OF AMERICAN LAW— Second Amendment
  • 156. • GUN RIGHTS ADVOCATES ARGUE • The right to keep and bear arms is a Constitutional right for American people to possess weapons for their own defense. • Only a few countries accept that their people have a right to keep and bear arms and protect that right on a statutory level, and even fewer protect such a right on a constitutional level. SOURCES OF AMERICAN LAW— Second Amendment
  • 157. •THE GUN CONTROVERSY •What is the meaning of the phrase "A well regulated Militia, being necessary to the security of a free State…" and how does the phrase effect or limit the right of an individual "to keep and bear arms"? SOURCES OF AMERICAN LAW— Second Amendment
  • 158. • THE GUN CONTROVERSY … TWO LEGAL OPINIONS • (1) Under the "individual right theory," the United States Constitution restricts federal and state legislative bodies from prohibiting or restricting firearm possession or use for any legal purpose. • (2) Under the "the collective rights theory," the Second Amendment affirms that the state's exclusive rights (federal, state, and local legislatures) to regulate firearms and individuals have only explicit rights granted them by state law, but have no right under the United States Constitution to own, possess, or use any firearm. SOURCES OF AMERICAN LAW— Second Amendment
  • 159. • In the first ruling by the U.S. Supreme Court on the 2nd amendment, • United States v. Cruikshank in 1876, gun rights were held only by the government (federal, state and local), and so the state could prohibit the ownership of guns by minorities in that state. • This ruling was overturned by the U.S. Supreme Court in 2008, as a result of the case of District of Columbia v. Heller, and two years later, McDonald v. Chicago, holding that states did not have the right to restrict ownership of handguns by individuals for self-defense. SOURCES OF AMERICAN LAW— Second Amendment
  • 160. • In the recent case of DC v. Heller, the conservative majority of the Supreme Court of the United States sided with the majority of Americans who support sensible gun laws, confirming that gun safety laws are Constitutional. • In fact, the majority argued that gun safety laws are critical to keeping our communities safe and protecting other constitutional rights, like the freedom to safely assemble in public without fear of gun violence. SOURCES OF AMERICAN LAW— Second Amendment
  • 161. •Since DC v. Heller, lower courts have upheld a wide range of gun laws as constitutional, including laws •restricting concealed and open carry of loaded guns in public; •banning assault weapons, large capacity magazines, and silencers •prohibiting criminals and the mentally ill possessing guns •legislating Firearm design safety standards, Safe storage requirements, Waiting period laws, Private-sale background checks and licensing laws SOURCES OF AMERICAN LAW— Second Amendment
  • 162. • Supreme Court to hear gun-control case in Fall term on carrying weapons outside home • The legal battle over gun control opened a new front Monday at the Supreme Court, as the justices announced they will consider an important National Rifle Association-backed lawsuit asserting the constitutional right to carry a weapon outside the home. • The court will hear the challenge to a century-old New York law in the term that begins in October. The restriction requires those who seek a permit to carry a concealed weapon to show a special need for self-defense and is similar to laws in Maryland, Massachusetts and elsewhere that the court in the past has declined to review. Supreme Court passes up challenges pressed by gun rights groups • It has been more than a decade since the court last issued a major opinion on gun control. A change in the court’s membership is probably the reason for the about-face from last June, when the court passed up nearly a dozen gun-control challenges. SOURCES OF AMERICAN LAW— Second Amendment
  • 163. •The NRA have said limitation on the right to carry a concealed weapon outside the home is “perhaps the single most important unresolved Second Amendment question” since the court found an individual right to gun ownership. SOURCES OF AMERICAN LAW— Supreme Court to hear gun-control case
  • 164. •AMENDMENT 5 • No person shall be …deprived of life, liberty, or property, without due process of law…. •AMENDMENT 14 • No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. limitationS on Government The Fifth and Fourteenth Amendments
  • 165. • The 5th and 14th Amendments to the U.S. Constitution each contain a due process clause, which means that the government must respect the legal rights owed to a person. • Due process balances the powers and needs of law enforcement and the rights of an individual, safeguarding arbitrary denial of life, liberty, or property by the government (punish). *What is the 14th Amendment Due Process Clause? https://www.youtube.com/watch?v=kmbpyerUxe4 limitationS on Government The Fifth and Fourteenth Amendments
  • 166. •Equal Protection of the Law The Constitution prohibits the government from denying any person equal protection under the law (no person shall be denied the same protection •of the laws enjoyed by others in like circumstances) •Privileges & Immunities Constitutional clause that entitles a person to conduct business in a different state to the same extent as citizens of that state. Other provisions of the 5th and 14th amendments defined
  • 167. •The Miranda Warnings • The U.S. Supreme Court, in its 1966 ruling in Miranda v. Arizona, ordered that before an accused can be legally questioned must be provided with notice of the following: (before they are questioned) • that they have the right to remain silent; • that anything they say can and will be used against them in a court of law; • that they have the right to be represented by counsel; and • that, if they cannot afford an attorney, one will be appointed for them. • 10 Police Interrogation Techniques That You Need To Know About: How Do Police Extract Confessions? https://www.youtube.com/watch?v=js4X-JdciHU (10 minutes) The Miranda Warnings an expansion on the rights set forth in the 5th Amendment
  • 168. •6th Amendment • The 6th Amendment specifies rights for criminal defendants: • The right to trial by jury; • The right to trial in a timely manner; • The right to be informed of the nature and cause of all accusations against you; • The right to confront witnesses against you; • The right to have legal counsel available to you; and • The right to compel witnesses to testify on your behalf The Bill of Rights
  • 169. •8th Amendment •The 8th Amendment prohibits excessive bail or cruel and unusual punishment (though it does not define either term). •But Supreme Court decisions state that “cruel and unusual punishment” prohibits • torture • deliberately degrading punishment • or punishment that is too severe for the crime committed. *What is Cruel and Unusual Punishment? https://www.youtube.com/watch?v=NPVzWAcCyl8 The Bill of Rights – con’t
  • 170. • For most of recorded history, capital punishments were often deliberately painful, including the breaking wheel; hanged, drawn and quartered; boiling to death; death by burning; flaying; disembowelment; crucifixion; crushing; stoning; dismemberment; scaphism (a form of execution, among the ancient Persians, in which the victim is fastened into a hollow boat, force-fed and slathered in honey and milk and exposed to insects until the victim's death); and necklacing (where someone puts a tire around the neck, fills it with gasoline and sets it on fire.)*25 Most Gruesome Methods Of State Execution https://www.youtube.com/watch?v=FU3PjdCU0H8 Is capital punishment cruel and unusual?
  • 171. • The Supreme Court has ruled that the death penalty is not a per se violation of the 8th Amendment’s ban on cruel and unusual punishment, but the 8th Amendment allows shaping procedural aspects directing when a jury may impose the death penalty and how it must be carried out. • The United States will resume capital punishment for the first time in nearly two decades, after Attorney General William Barr directed the Federal Bureau of Prisons to schedule the executions of five death-row inmates. Legality of Capital punishment
  • 172. •REASONS OFTEN GIVEN FOR STOPPING CAPITAL PUNISHMENT •a. it is more expensive when factoring in appeals vs life in prison, and •b. the government has been sometimes wrong on death penalty cases. Legality of Capital punishment
  • 173. •CATECHISM OF THE CATHOLIC CHURCH: •The death penalty. Paragraph 2267 •“The death penalty is inadmissible because it is an attack on the inviolability and dignity of the person" Thus the church work toward the abolition of the death penalty worldwide. the Catechism of the Catholic Church ON CAPITAL PUNISHMENT
  • 174. Sanctity of life: pro-life/PRO-CHOICE The debate over whether abortion is an expression of health or a violation of them is decades old …dating back to at least the 1930s, when the first movement was born to demand safe, legal abortions. The fight was not drawn along political lines.
  • 175. Sanctity of life: pro-life/PRO-CHOICE The term “pro-life” was originally intended to refer to child-rearing in a manual by Erich Fromm and A.S. Neill’s (Summerhill: A Radical Approach to Childrearing) The authors’ idea was that no pro-life parent or teacher would ever strike a child. No pro-life citizen would tolerate executions of criminals by the government, or tolerate punishment of homosexuals, or tolerate our condescending attitude toward the bastardy.
  • 176. Sanctity of life: pro-life/PRO-CHOICE The political lines began to be drawn in the 1970s when Democratic politicians started to align themselves with the feminist movement. Then, in Jan. 1973, the Supreme Court wrote the landmark Roe v. Wade decision declaring American women have the right to choose to have an abortion. In response, various splinter anti-abortion groups began to mobilize, and the new movement leaders decided on what to call themselves; “pro-life” was chosen to put forth a positive image.
  • 177. Sanctity of life: pro-life/PRO-CHOICE The success of the label is largely due to its ability to frame the issue not as standing against something (a woman’s health) but in favor of life. They labeled their opposition as Pro-Choice, along with the term used in Roe v. Wade. It was a marketing masterstroke, one of the most successful branding achievements in history. Then in 1980, Ronald Reagan (who had supported abortion previously throughout his career), ran and won a presidential campaign with a strong anti-abortion platform— cementing the Republican Party’s association with the movement.
  • 178. DOBBS V JACKSON Holding: “The Constitution does not confer a right of privacy to any American; therefore, since privacy the rational for the court’s decision the right to abortion under Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey; the authority to regulate abortion is returned to the
  • 179. PRIVACY means “To concern oneself only with what is of interest to oneself and not interfere in the affairs of others.” Clean your own house before complaining about anothers house. butt out! stick to your own knitting keep out of it mind your own beeswax My freedom should not be judged by another's conscience? (1 Cor 10:29) keep your nose out of it keep yourself to yourself MYOB keep off my grass LEAVE ME DOES LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS INCLUDE THE INHERENT RIGHT TO… ?
  • 180. •Along with defending the lives of the unborn and opposing abortion, should also be actively supporting the lives of the aged and the severely retarded, if they claim a moral basis for the universal sanctity of human life. •And from their claim that it is always wrong to intentionally kill a human person, they should adopt a consistent and principled opposition to capital punishment. •Since 2019, a majority of Americans support life in prison as the ultimate punishment under law in the United States. Sanctity of life: pro-life / capital punishment
  • 181. •9th Amendment • “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” • Unenumerated Rights – Rights that are implied from other legal rights, but that are not expressly written or enumerated. • That is to say, the rights of citizens are not limited by those that are expressly listed in the Constitution. • EXAMPLES: The right to drive a car or to smoke a cigarette are legal. • Such rights are retained by the people, since they are not prohibited in the Constitution, and yet they are not expressly stated. The Bill of Rights
  • 182. • Under the 9th Amendment, the Supreme Court of the United States has decided that we have a number of other rights not stated in the Constitution, like: • The right to privacy. The word "privacy" is never mentioned specifically in the Constitution, but the Supreme Court has interpreted the Constitution to assume that this right exists, including the right to be left alone and that police can’t search you without a warrant signed by a judge (unless they are arresting you). • Gay marriage. On June 26, 2015, the U.S. Supreme Court struck down all state bans on same-sex marriage, legalized it in all fifty states, and required all states to honor out-of-state same-sex marriage licenses in other states. The Bill of Rights other Unenumerated Rights
  • 183. •10th Amendment • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Each state has its own constitution as the basis for making and enforcing their local laws. •The controversies over states' rights have reached peaks and valleys over the years. The Bill of Rights the reserved clause: states rights
  • 184. • The question of how power should be divided between the federal and states governments has been a fighting issue in American politics for more than two centuries. • The cause of states' rights became heated in the 1820s and 1830s, fueled by the divisive issue of whether slavery would be allowed in the new territories forming as the nation as it expanded westward, leading to the Civil War. • Typically today, the Supreme Court is closely split on cases involving states rights against the power of the federal government. • Conservatives generally favor a restrictive interpretation in favor of states' rights; the swing justice today is Chief Justice Roberts. states rights… and duties
  • 185. • 10th Amendment States must take responsibility for • ownership of property education of inhabitants • implementation of welfare and other benefits programs and distribution of aid • protecting people from local threats maintaining a justice system •POLICE REGULATION LICENSING • setting up local governments such as counties and municipalities • maintaining state highways and setting up and administrating local roads • raising funds to support their activities (various taxes) states rights… and duties
  • 186. Local Ordinances generally govern matters not already covered by state or federal laws. ... Examples of ordinances would be those related to noise, snow removal, pet restrictions, and building and zoning regulations, etc.
  • 187. •Electoral College • Most Americans believe that the candidate who receives the most votes should become President, but we actually elect the President and Vice-president through an indirect process, the Electoral College. https://www.youtube.com/watch?v=W9H3gvnN468 states rights… and duties 12th amendment
  • 188. •The 12th Amendment outlines the Electoral College process • Electors is a body established by the United States Constitution, which forms every four years for the sole purpose of electing the president and vice president of the United States. • The Electoral College was intended by the Founders to encourage a two- party system to discourage the growing numbers of splinter parties plagued by many European democracies and Founders wanted every state to have a role in national elections. • The winner-take-all system means that minor parties get few electoral votes, so the result is a President who is the choice of the nation emerges. • Does your vote count? The Electoral College explained https://www.youtube.com/watch?v=W9H3gvnN468 states rights… and duties
  • 189. 15th Amendment “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Why Vote? Nobody can force a citizen to vote. But many citizens do vote because voting lets them choose leaders who will do things that are important to them and through casting their vote, they tell the government what they want it to do.
  • 190. • The Constitution provided two procedures for changing the Constitution: •(a) an amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate and then passed by 2/3rds of State legislatures •OR •(b) by calling a constitutional convention, approved by majority of votes in two-thirds of the State legislatures (never has happened) SOURCES OF AMERICAN LAW
  • 191. Conservatives prepare new push for constitutional convention Conservative lawmakers have begun to mount a new push to call a constitutional convention aimed at creating a balanced budget amendment, establishing term limits for members of Congress, and reform the law that facilitates the nation’s culture war to rein in what they see as a runaway federal government. Such a Convention could tackle any other ideas that the members decide, including limits on Congress’s ability to levy taxes, or gun control, or roll back all rights to an abortion in the country.
  • 192. Conservatives prepare new push for constitutional convention At a meeting of State legislators on December 21, 2021 in San Diego at the Legislative Exchange Council’s policy conference hope to use Article V of the Constitution, which allows state legislatures to call a convention to propose new amendments. The Legislative Exchange Council is a conservative group that backs free markets and states’ rights. “It’s really the last line of defense that we have. Right now, the federal government’s run away. They’re not going to pull their own power back. They’re not going to restrict themselves. And so this Article V convention is really is the last option that we have,” said Iowa state Rep. John Wills (R), the state’s House Speaker pro tempore who backs the convention.
  • 193. Conservatives prepare new push for constitutional convention At least two-thirds of states must pass a call to force a convention; so far, 15 states have passed the model legislation proposed by ALEC. Bills have passed at least one legislative chamber in another nine states, and bills have been introduced in 17 more states. The 15 states that have passed measures so far all have Republican-controlled legislatures and Republican governors; another nine states totally controlled by the GOP have yet to finalize passage. Once a sufficient number of states have approved a call to a convention, Article V requires any proposed amendments would have to be ratified by three-quarters of the states to take effect. New Constitution | Envisioning a New U.S. Constitution https://new-constitution.com/
  • 194. • Are you a Democrat or a Republican? If you can answer that question, you're ahead of the game. For many people, political parties are a puzzle. • The dictionary defines them as groups of people "who control or seek to control a government." • The U.S. Constitution doesn't even mention political parties, but each legislative body in the United States has an aisle that separates one party from the other. Independents? • THE THE • DEMOCRATIC REPUBLICAN • PARTY PARTY • Political parties
  • 196.
  • 197. • The Democratic Party is the oldest existing political party in the U.S., which began when Jefferson founded the Democratic-Republicans in 1792. • The modern Democratic party emphasizes social equality, (attracting immigrants, union and blue-collar workers, women, and minorities), the protection of the environment, and strengthening the social safety net. • They support voting rights and minority rights, including LGBT rights, multiculturalism, and religious secularism. • Democrats have been interested in increasing taxes on those with high incomes and net worth in order to combat wealth inequality and raise revenue to finance spending priorities.* https://www.youtube.com/watch?v=wzCzdrQgVZo The Party of the People
  • 198. • The Republican Party was formed in 1854 to oppose slavery leaders. The party’s first candidate lost in 1856, and so realized they needed more than one issue to win. In 1860, they still opposed slavery, but also called for a transcontinental railroad and free land to settlers. The candidate that year, Abraham Lincoln, won. • Conservatives seek to preserve a range of institutions such as religion, parliamentary government, and property rights, with the aim of emphasizing social stability and continuity. The more traditional elements—reactionaries— oppose modernism and seek a return to "the way things were". • Today, Republicans tend to take a more conservative stand on issues. They believe that the federal government should not play a big role in people's lives. Most Republicans favor lower taxes and less government spending on social programs. They believe in less government intervention in business and the economy. • The Republican Party's conservatism involves support for free market capitalism, free enterprise, business, a strong national defense, deregulation, restrictions on labor unions, social-conservative policies, and traditional values, usually with a Christian foundation. The Grand Old Party
  • 199. The RIGHT and the LEFT DIFFER OVER MANY ISSUES GOING INTO THE 2021 MIDTERM ELECTIONS. Justice Immigration Jobs Sexuality Health Care Education Infrastructure Housing Economy Elections Prisons Climate Supreme Court FOREIGN APPOINTMENTS POLICY
  • 200. •The characteristic most predictive of a person’s political leanings is his or her tolerance for ambiguity. “The more intolerant of ambiguity you are—the more you seek control over your surroundings, certainty, clear answers to things— the more you tend toward conservative preferences. When people feel anxious, they want to be protected.” • Charles Krauthammer was an American • political columnist and a conservative political • pundit on FOX. In 1987 Krauthammer won • the Pulitzer Prize. His weekly column was • syndicated to more than 400 publications worldwide. PREDICTING YOUR VOTE!
  • 201. Conservative versus Liberal Comparison Chart Conservative Liberal Political Views Right-wing, anti-federalist. Prefer smaller government, less regulation, most services to be provided by the private sector in a free market, and a literal interpretation of the Constitution. Left-wing, federalist. Prefer more regulation and services like free universal health care to be provided by the government to all citizens. Economic Views Government should tax less and spend less. Cutting spending to balance the budget should be the priority. Higher income earners should have an incentive to invest (credits). Charity is the responsibility of the people. Government should provide more services to the less fortunate (like health care) and increase taxes if necessary. High-income earners should pay a larger percentage of their income as taxes. Social ViewsOpposed to gay marriage, abortion and embryonic stem cell research. Support the right to bear arms, death penalty, and personal responsibility as an individual. Gay couples to get equal rights like everyone else (e.g. marriage); abortion should be legal; support embryonic stem cell research. Support restrictions and regulation around the right to bear arms. Personal Responsibility Individuals should exercise personal responsibility and it is the governments role to hold them accountable even with severe penalties. Laws are enacted to reflect the best interest of the society as a whole. The people should look to the government to provide a structure. Laws are enacted to protect every individual for an equal society sometimes at the expense of economic freedom if neccessary.
  • 202. What are the Conservatives beliefs? Conservatives believe in personal responsibility, limited government, free markets, individual liberty, strong national defense, and traditional values. In terms of solving problems, they put more emphasis on the empowerment of an individual. What do liberals stand for? Liberals believe in government intervention and political action to attain equal opportunity and equality for all, and it is the duty of the government to reduce or eliminate community issues and to protect civil liberties and human rights. In terms of solving problems, they need the government to solve it. What does a Libertarian believe in? There are also Libertarian who seek to maximize autonomy and political freedom, emphasizing free association, freedom of choice, individualism and voluntary association. What is right-wing and left wing? The Left-W ing is characterized by an emphasis on ideas such as freedom, equality, fraternity, rights, progress, reform and internationalism; the R ight-W ing is characterized by an emphasis on authority, hierarchy, order, duty, tradition, reaction and nationalism.
  • 203. •Democracy involves people’s participation in their governance and for that, we have four pillars of democracy: • Legislative: responsible for making laws to govern the population. • Executive: responsible for implementing the laws promulgated by the Legislature and issuing orders to be implemented by administration officials. • Judiciary: responsible for interpreting laws, settling legal disputes, and punishing violators of the law. • Press/Newspaper/Media: responsible for informing the public, criticizing the government and stimulate debate, thus ensuring the transparency in the working of all the above three systems. • IF YOU DESTROY ONE, YOU DESTROY DEMOCRACY. Summary: The four pillars of democracy
  • 204.
  • 205. Democracy Democracy was the first system of government where people ruled themselves, not kings or tyrants. In Athens, for example, all adult citizens were required to take an active part in the government. If they did not fulfill their duty, they would be fined and sometimes marked with red paint. “Citizens” meant only free men. Women, children, and slaves were not considered citizens and therefore could not vote.
  • 206. A republic is a government in which political power rests with the public and their representatives, which may or may not be freely elected by the general citizenry. In a republic, an official set of fundamental laws, like the U.S. Constitution and Bill of Rights, prohibits the government from limiting or taking away certain “inalienable” rights of the people, even if that government was freely chosen by a majority of the people.
  • 207. Republic vs. Democracy Republics and democracies both provide a political system in which citizens are represented by elected officials who are sworn to protect their interests. In a pure democracy, laws are made directly by the voting majority leaving the rights of the minority largely unprotected. In a republic, laws are made by representatives chosen by the people and must comply with a constitution that specifically protects the rights of the minority from the will of the majority.
  • 208. A Democratic Republic is a form of government that combines elements of democracy and republicanism. In a democratic republic, the people elect representatives who make laws and policies on their behalf. A democratic republic aims to balance the rights and interests of the majority and the minority, as well as the common good and individual liberty. The United States, while basically is a republic, is best described as a “representative democracy.”
  • 209. Capitalism is based on private ownership of resources and means of production, and individual choices in a free market. Capitalism is in contrast to socialism. we also
  • 210.
  • 211. …or are they durable enough? ‘An Epidemic of Mistrust’ After unprecedented years of political conflict and uncertainty from the information and misinformation, we face “an epidemic of mistrust of societal institutions and leaders around the world.” Both government and media are thought to be unethical and less competent. Our institutions are important because they guide the country's choices -- which paths to follow, which actions to take, which signals to listen to, and which ones to ignore* Wall Street Journal, August 15, 2023
  • 212. TASK FORCE FOR AMERICAN DEMOCRACY MISSION STATEMENT Our American democracy is under threat. Our American democracy is under threat
  • 213. “Democracy is the worst form of government – apart from all the others.” Winston Churchill, Prime Minster of the United Kingdom (twice)
  • 214. It should concern us that democracy is under the greatest threat it has faced since the Second World War. The strains on our democracy culminated on January 6, 2021, when an insurrectionist mob stormed the U.S. Capitol in a violent attempt to stop the constitutional process for the election of the next President. Further, there were a number of related plots to subvert the 2020 presidential election results, including the appointment of fake electors in seven states to serve illegally in Washington as members of the Electoral College: Arizona, Pennsylvania, Georgia, Nevada, Wisconsin, Michigan, and New Mexico. State election officials and workers have also faced unprecedented scorn and physical threats simply for doing their jobs and refusing to bend to political pressure.
  • 215. Our American democracy is under threat The facts are sobering: • In a recent Pew study, 51% of Americans said they are dissatisfied with how democracy is working and 46% said they are open to other forms of government, including rule by a strong leader (authoritarian system). • Less than one third of Millennials consider it essential to live in a democracy. • 25% of US adults can name only 1 of the 3 branches of government and more than 20% can't name any branch of government. • Against all available evidence, 17% of Americans believe the 2020 election was stolen and question the integrity of our election system. Some even say they are prepared to resort to violence if their desired candidate does not win the next election.
  • 216. One of the difficulties of democracy is that the government is "run by the people." A democratic system requires the participative leadership: getting input from various sources throughout society before making a decision and then moving forward to a final vote on policies. Democracy is inherently a painfully cumbersome way to operate a government. Post-truth politics and why the antidote isn’t simply ‘fact- checking’ and truth
  • 217.
  • 218.
  • 220. Autocracy Government in which which one person (a cult figure) possesses unlimited power. Dictatorship Government ruled by one person or one political body, such as a military junta with absolute or near absolute power. Aristocracy Government that places strength in the hands of a small, privileged class, distinguished by their wealth, family ties, or nobility (aristocrats).
  • 221.
  • 222. Fascismis a far-right, authoritarian, ultranationalist political ideology and movement, characterized by a dictatorial leader, centralized autocracy, militarism, forcible suppression of opposition, belief in a natural social hierarchy, subordination of individual interests for the perceived good of the nation and and race, and strong regimentation of society and the economy. Benito Mussolini (left) and Adolf Hitler (right), the leaders of Fascist Italy and Nazi Germany.
  • 223. Communism Communism is a radical-left to far-left authoritarian governmental ideology within the socialist movement, which forcibly establishes a society with common ownership of the means of production, distribution, and exchange that allocates products to everyone in the society based on need. A communist movement entails the dictate that there is an absence of private property and social classes, and ultimately money and the state.
  • 224. Socialism Socialism is a political and economic system in which property and the means of production are owned in common, typically controlled by the state or government. Socialism is based on the idea that common or public ownership of resources and means of production leads to a more equal society.
  • 225. RIGHT?
  • 226.
  • 227.
  • 228. Family Church/organized religion Government agencies: -presidency -congress Supreme Court and the judiciary Police Criminal justice Military Science/Medical system Big business and Small business Large tech companies Organized labor Property rights Banks Public Schools Journalism – all writing -Newspaper -Television news -Internet news AMERICAN INSTITUTIONS (WHICH INCLUDE CULTURAL NORMS -- LIKE HONESTY, TRUST, AND COOPERATION)
  • 229. (1) equality in voting, (2) effective participation, (3) enlightened understanding, (4) citizen control of the agenda, and (5) inclusion. The five

Editor's Notes

  1. For example, Federal Regulations facilitate individuals and businesses to transact businesses using banks.
  2. Molasses: buy British, rather than French; Rum: average 40 gallons yearly; Stamp: tax all documents n the colonies