- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The “Establishment Clause” was apart of the first amendment (U.S constitution) can’t establish any religion or preferably favor one over the other. This includes schools, courts, any government working jobs can’t force people to follow ay religious aspects. And as for the “Lemon Test” it comes from the Lemon v Kurtzman it helps letting us know if the government is violating the Establishment Clause. They have 3 criteria that help support this law.
1. The action or law must not lead to excessive government entanglement with religion; in other words, policing the boundary between government and religion should be relatively straightforward and not require extensive effort by the government.
2. The action or law cannot either inhibit or advance religious practice; it should be neutral in its effects on religion.
3. The action or law must have some secular purpose; there must be some non-religious justification for the law.
- Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Burning the US flag is protected by the First amendment. It is used as a symbolic “freedom of speech”. It is used as an act of protesting. Some people see the flag as powerful nation which shows unity, freedom, and pride like how the Britain’s respect their kings and queens. Both the US and Great Britain have a federal government where they believe they should protect their flags from being treated disrespected. But many like us in the U.S use this as an act of disagreement. We burn, destroy, tear any form to share our opinions and make it known to others we don’t agree with their message.
- What does it mean when someone says “I’m taking the Fifth”?
When someone says “I’m taking the Fifth” it means they are talking about the 5th amendment of the US constitution. “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” This protects the people from self-incrimination. This means they cant say something that could be used against them in court. This helps people from the pressure of being forced to “confessed.”
