STUDY GUIDE (Partial)UNIT #2 POLS-206 (Fall‘11)Chapter 5Accommodationists- supporters of gov nonperferential accommodation of religionBad tendency test- rule used by the courts that allows speech to be punished if it leads to punishable actionsBills of attainder- laws under which specific persons/ groups are detained and sentenced w/o trialCivil liberties- individual freedoms that place limitations on the power of govCivil rights- extension of gov action to secure citizenship rights to all of society Bill of Rights-a summary of citizens rights guaranteed and protected by a gov; added to the Constitution as its 1st 10 Amend in order to achieve ratificationFreedom of expression-Clear-and-present danger test- rule used by the courts that allows language to be regulated only if itpresents an immediate and urgent dangerCompelling state interest- a fundamental state purpose, which must be shown before the law can limit some freedoms or treat some groups of people differently.Due process of law- guarantee that laws will be fair and reasonable and that citizens suspected of breaking the law will be treated fairlyEstablishment clause- the 1st Amend guarantees that the gov won’t create and support an official state church.Ex post facto laws- laws that criminalize an action after it occursExclusionary rule- rule created by the Supreme Court that evidence illegally seized may not be used to obtain a conviction Fighting words- speech intended to incite violenceFree-exercise clause- the 1st Amend guarantee that citizens may freely engage in the religious activities of their choiceFreedom of assembly- the right of the people to gather peacefully and petition govHabeas corpus - the right of an accused person to be brought before a judge and informed of the charges and evidence against them.Imminent lawless action test- rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless actionIncorporation- Supreme Court action making the protections of the Bill of Rights applicable to the states.Lemon test- 3-pronged rule used by the courts to determine whether the est clause is violatedLibel- written defamation of characterMiller test- rule used by the courts in which the definition of obscenity must be based on local standards.Police power- the ability of the gov to protect its citizens and maintain social orderPolitical correctness- the idea that language shapes behavior and therefor should be regulated to control its social effectsPrior restraint- censorship of or punishment for the expression of ideas before the ideas are printed or spokenSedition- speech that criticizes the gov to promote rebellion.Selective incorporation- incorporation of rights on a case-case basisSeparationists- supporters of a “wall of separation” between church and stateSymbolic speech-Capital punishment-Due process clause (of the 14th Amend.)-Hugo Black-Right to Privacy-Incarceration rate-Mapp v. Ohio- exclusionary rule incorporated into the states as well as FederalMiranda v. Arizona- rights to remain silent and to have a lawyer presentGitlow v. New York-Gideon v. Wainwright- 6th Amend: right to counselGriswold v. Connecticutt- privacy law (planned parenthood contraception)Roe v. Wade- right to privacy (abortion)Chapter 6Affirmative action- a policy of creating opportunities for members of certain groups as a substantive remedy for past discriminationBlack codes-a series of laws in the post- Civil War South designed to restrict the rights of former slaves before the passage of the 14th and 15th AmendBoycott- refusal to buy certain goods or services as a way to protest policy or force political reformBrown v. Board of Education- overturned “separate but equal”Busing –achieving racial balance by transporting students to schools across neighborhood boundaries Civil rights- the extension of gov action to secure citizenship rights to all of societyDe facto discrimination-discrimination based on tradition an habitDe jure discrimination- discrimination supported by lawEnglish-only movements- efforts to make English the official language of the USEqual Rights Amendment- constitutional amend passes by Congress but never ratified that would have banned discrimination on the basis of genderGrandfather clauses- provisions exempting from voting restrictions the descendants of those able to vote in 1867Intermediate standard of review- standard of review used by the Court to evaluate law that make a quasisuspect classification Jim Crow laws-southern designed to circumvent the 13th, 14th, and 15th Amend and to deny blacks rights on basis other than raceLiteracy tests- tests requiring reading or comprehension skills as a qualification for votingMinimum rationality test- standard of review used by the Court to evaluate laws that make a nonsuspect classificationNAACP (Legal Defense Fund)- an interest group founded in 1910 to promote civil rights for African AmericansPlessy v. Ferguson- Supreme Court case that est the constitutionality of the principle “separate but equal”Poll taxes- taxes levied as a qualification for votingRacism - institutionalized power inequalities in society based on the perception of racial differencesReconstruction- the period following the Civil War during which the Federal gov took action to rebuild the southSegregation-the practice and policy of separating racesSexual harassment- unwelcome sexual speech or behavior that creates a hostile work environmentStrict scrutiny test- a heightened standard of review used by Supreme Court to assess the constitutionality of laws that limit some freedoms or that make a suspect classification.Suspect classifications- classification, such as race, for which any discriminatory law must be justified by a compelling state interest Equal protection clause (of the 14th Amend.)-Thurgood Marshall- lawyer for the NAACPDoctrine of separate but equal- est by plessy v. ferguson, legalized segregationCivil Rights Act of 1964-Poll tax/24th Amend.-Smith v. Allwright-Voting Rights Act of 1965-White