Discussion 9.1

Describe how you understand the “Establishment Clause” and the related “Lemon Test.”


The Establishment Clause stops the government from supporting any religion, keeping church and state separate. The Lemon Test is used to check if a government action violates this. The action must (1) have a non-religious purpose, (2) not favor any religion, and (3) not overly involve the government with religion.

Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.


Yes, burning the US flag is protected as free speech. In Texas v. Johnson (1989), the Supreme Court decided that flag burning is a form of expression, even if it offends people.

What does it mean when someone says “I’m taking the Fifth”?


When someone says, “I’m taking the Fifth,” they mean they’re using their Fifth Amendment right to stay silent so they don’t incriminate themselves.

Discussion 9.2

Patricia Williams says the war on terror is new because it has no clear end and doesn’t follow the rules of traditional wars. Instead of fighting other countries, this war is against terrorist groups, and it happens all over the world.

The “Roving Wiretaps” in the Patriot Act may violate the Fourth Amendment, which protects people from unreasonable searches. These wiretaps let the government listen to any device without saying which one, which can be too broad.

“Sneak and Peek” warrants also seem to break the Fourth Amendment because the government can search a home without telling the person right away, which isn’t fair and takes away their chance to object.

Discussion 9.1

The “Establishment Clause” in the First Amendment prevents the government from establishing an official religion or favoring one religion over another. It promotes the separation of church and state. The “Lemon Test” comes from the Supreme Court case Lemon v. Kurtzman (1971) and is used to determine whether a law violates the Establishment Clause. The test has three parts: the law must have a secular purpose, it must not advance or inhibit religion, and it must not create excessive government involvement with religion.

Burning the U.S. flag is protected by the First Amendment, as ruled in Texas v. Johnson (1989). The Supreme Court decided that flag burning is a form of symbolic speech, and even if it’s offensive to some, it is protected under the freedom of expression.

When someone says “I’m taking the Fifth,” they are referring to the Fifth Amendment, which protects against self-incrimination. This means they are choosing not to answer questions in a legal setting because their answers could be used against them in a criminal case.

Yaroslava Volokh – Ideology

1. Understanding Ideology

Ideology is a system of beliefs and values that shapes our understanding of the world and guides our behavior and worldview. An example of ideology is capitalism.
Capitalism is an ideology that supports free markets and individual success as the path to prosperity. Ideologies also influence our concepts of right and wrong, shaped by culture and experience.

2. Conservative and Liberal Ideology in US Politics

Conservatives prioritize tradition, personal responsibility, and limited government intervention. Liberals focus on equality and social justice, advocating for “government responsibility” to reduce inequality.

3. Althusser’s Definition of Ideology

Althusser believed that ideology consists of subconscious ideas we live by, which reinforce existing social structures.
Schools not only provide knowledge but also instill the values of the dominant ideology, such as respect for authority, maintaining the status quo unnoticed by people.