American Government: Core Ideas, Civil Liberties, and Federalism

Practice flashcards covering core American political ideas, the expansion and limits of civil liberties, and federalism related to immigration policy.

What are the "four I's" that structure American political decision-making?

Ideas, Institutions, Interests, and Individuals.

In American political theory, what is the distinction between negative liberty and positive liberty?

Negative liberty is the absence of constraints that limits government action, giving individuals the right to act as they want. Positive liberty is the freedom and ability to pursue one's goals, which legitimizes government action to provide necessary resources like education, food, and shelter.

According to 2010 income distribution data, what was the average income per family for the top $0.01\%$ compared to the bottom $90\%$?

The top $0.01\%$ had an average family income of $\$23,846,950$, whereas the bottom $90\%$ had an average family income of $\$29,840$.

What is selective incorporation?

The ongoing, case-by-case legal process by which the Supreme Court applies protections from the Bill of Rights to the states using the Fourteenth Amendment.

What three requirements must a law meet to satisfy the Lemon Test regarding the Establishment Clause?

The law must have a secular purpose, its principal effect must neither advance nor inhibit religion, and it must not excessively entangle the government in religion.

How did the Supreme Court revise the Clear and Present Danger Test in $1969$?

It instituted a two-prong test requiring the government to prove that speech incites imminent lawless action and is likely to produce such action.

Under Fourth Amendment rulings, do police need a warrant to search a car, search curb garbage, or use thermal imaging?

Police do not need a warrant to search a car or search garbage left on the curb, but they do need a warrant to use thermal imaging.

How is federalism distinguished from a unitary government and a confederation?

In a unitary government, the national government makes laws and local government carries them out. A confederation leaves most power to the states with a weak central authority. Federalism is a hybrid where power is shared between the central government and state governments.

What is devolution, and what provision of the $1996$ Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) embodies it?

Devolution is the transfer of responsibilities from the national level to state and local levels. Clause $287(g)$ of the IIRIRA exemplifies this by allowing state, county, and city law enforcement agencies to enforce federal immigration law.

Why does the Constitution prevent a president from completely defunding sanctuary cities?

The anti-commandeering doctrine under the Tenth Amendment prevents wholesale defunding; the federal government can only withhold grants directly tied to immigration enforcement, which total $\$600\text{m}$ nationwide ($\$1.1\text{m}$ of San Francisco's $\$1\text{b}$ in federal funds).