Describe how you understand the “Establishment Clause” and the related “Lemon Test.”
The establishment-of-religion provision of the United States Constitution prohibits Congress from creating a national religion. It prohibits the enactment of any law that favors or compels belief in a single religion. The Lemon Test is used to determine whether a statute or other government action that promotes a specific religious practice should be upheld. For a law or action to be ruled constitutional and stay in effect, the Lemon test contains three conditions that must be met.
- Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
The First Amendment protects the burning of the American flag or any harm to it.
- What does it mean when someone says, “I’m taking the Fifth”?
When someone says, “I’m taking the Fifth,” they express their desire to remain silent to avoid self-incrimination. For instance, the fifth Amendment of the U.S 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”
“Fifth Amendment.” LII / Legal Information Institute, https://www.law.cornell.edu/wex/fifth_amendment. Accessed 18 June 2021.