Question 1

The Establishment clause refers to a law that prohibits the government from establishing an official religion. A government is also prohibited from unduly favoring one religion over the other. Under the Lemon Test, a government is required to assist a religion if the intention of assistance does not promote or inhibit religion and there is no excessive entanglement between religion and the government.

Question 2

Yes, the First Amendment has prohibited the burning of flags, and breaking the law is punishable. This evident under the case of the United States v. Eichman, where the Supreme Court held that the action does not cure constitutional defects. The flag is a symbol of national unity and represents the ideals in which the country stands.

Question 3

Taking the fifth refers to a witness’s refusal to testify in court based on a condition that the testimony might involve the witness in a crime committed.