PRINTED AND READY FOR TEST 1/27 Constitution

Definition of Terrorism

• Terrorism Defined: The use of violence for political purposes.

• However, this may not be the most helpful definition as it relates to state violence.

• Key Element: Typically involves non-state actors, meaning groups that are not part of the government.

• Example: ICE (Immigration and Customs Enforcement)

  • ICE's use of violence would not classify as terrorism per this definition because it operates as part of the state.

Cognitive Biases

• Motivated Reasoning: A bias where individuals have conclusions they desire and seek out information to confirm these conclusions.

  • Example: The Warren Commission investigated the Kennedy assassination aiming to conclude there was no conspiracy.

  • Similar arguments can be made regarding the 9/11 Commission, which concluded that the attacks were the work of 19 individuals without broader conspiracy.

• Importance of Skepticism: Questioning the adequacy of skepticism in investigatory commissions is vital.

Key Concepts Introduction

• The definition of terrorism will be revisited later in the course, specifically after spring break.

• Motivated reasoning and cognitive biases will be discussed in the context of political engagement and linkage institutions.

Common Human Biases

• In-Group/Out-Group Bias: A cognitive bias where individuals categorize people into groups of similarity (in-group) or difference (out-group).

  • This bias is commonly weaponized by political actors for manipulation, and while it cannot be escaped, awareness of it can help recognize attempts at manipulation.

U.S. Constitution Overview

• The Constitution is the result of multiple compromises, including:

  • Between large states and small states.

  • Between free states and slave states.

  • Between those desiring centralized authority and those favoring state authority.

• Constitutional Architecture: The American political system is organized as a triangular system:

  • Congress (Legislative) at the top.

  • President (Executive) to one side.

  • Courts (Judicial) on the other side.

• Money Flow: Most money remains in public hands, with some funding directed towards elected officials or authorities.

Branches of Government

• In detail:

  • Article I: Establishes Congress, legislative power responsible for making laws.

  • Article II: Establishes the Presidency, executive power responsible for enforcing laws.

  • Article III: Establishes the Supreme Court, judicial power responsible for resolving disputes under the law.

• Judicial Power Misconception:

  • It's often described as the power to interpret the law, but it primarily resolves disputes, which may involve interpretation.

  • The role of judges is to settle disputes rather than to engage primarily in interpretation.

Overview of Constitutional Articles

• The Constitution consists of seven articles:

  • Articles I-III: Outline the three branches of government.

  • Article IV: Addresses states.

  • Article V: Details the amendment process.

  • Article VI: Remarks on key aspects not categorized elsewhere (considered 'odds and ends').

  • Article VII: Describes the ratification process of the Constitution.

• The first three articles focus on the main institutions, while the remaining articles cover significant supporting aspects of governance.

Separation of Powers

• Definition: Separation of powers refers to the distribution of different government powers into different institutions, ensuring that legislative, executive, and judicial powers operate independently.

  • Power of Congress: Makes law.

  • Power of President: Executes law.

  • Power of Courts: Resolves disputes over law.

• Each power revolves around the concept of law and the necessity of mutual dependence among government institutions.

Checks and Balances

• Concept: Separates institutions but makes them dependent on each other to ensure that no single branch can function without the participation of another.

  • Example: Congress can make laws, but the President must sign them for them to take effect.

  • Similarly, the courts can declare laws unconstitutional, but Justices need to be appointed by the President and confirmed by Congress.

• Metaphor of Balance and Helium: The relationship among branches is continually in motion, akin to a system where one branch tries to expand (like gaining 'helium') while others work to bring them back to balance and prevent overreach.

Constant Motion in Government

• American government is characterized by constant motion and change, creating both interest and frustration. This necessitates continuous study and awareness of political developments.

• The volatile nature of political systems demands ongoing adaptation and updates among practitioners in law and politics due to the fluidity of case law and legal interpretations.

Federalism as a Principle

• Definition: Federalism involves distributing power between the national government and individual states, creating a system designed to balance centralized authority with state authority.

• There is an assumption of ongoing conflict and cooperation between national and state governments, leading to a dynamic political environment.

Architectural Metaphor of Governance

• The structure of American government is compared to a suspension bridge, where strength arises from the dynamic tension between branches of government rather than a static and solitary structure, such as an aqueduct.

Introduction to the Constitution's Preamble

• The course will shift focus onto the preamble of the Constitution, an often-overlooked prologue that outlines the Constitution's purpose but does not possess legal authority.

• Preamble Text Highlights:

  • It begins with “We the people of The United States…” and outlines purposes, including:

  • Forming a more perfect union

  • Establishing justice

  • Ensuring domestic tranquility

  • Providing for common defense

  • Promoting general welfare

  • Securing the blessings of liberty for future generations.