- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The “establishment clause” is a key part of the first amendment to the constitution. It is the first two freedoms stated in the first amendment, preventing the United States government from establishing a national religion or favoring one religion over the other. This clause makes certain that the government cannot restrict or endorse religious practices; they have to be unbiased. The “lemon test” was established by the supreme court in order to justify whether a law or government action violated the “establishment clause”. It has been broken down into three parts: 1- “No excessive government entanglement with religion”, 2- Be unbiased, 3- Must have a “secular purpose.” (Openstax sec. 4.2)
- 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 U.S flag is protected by the First Amendment. In a 1989 supreme court case Texas v. Johnson, Gregory Lee Johnson, a member of several pro-communist and anti-war groups was charged with “desecration of a venerated object” because he burned an American flag during a protest. During this case, “the Supreme Court decided that burning the flag was a form of symbolic speech, protected by the First Amendment and found the law, as applied to flag desecration, to be unconstitutional.” (Openstax sec. 4.2)
- What does it mean when someone says “I’m taking the Fifth”?
When someone states, “I’m taking the fifth” they are exercising their right under the Fifth Amendment to the constitution, to not answer any questions that could cause them to incriminate themselves or put them in legal jeopardy. According to the text, “People have the right not to give evidence in court or to law enforcement officers that might constitute an admission of guilt or responsibility for a crime.” (Openstax sec. 4.3)
Works Cited
Full citation:
OpenStax. American Government 2e, sec. 4.2, par. 10, 2020,
https://openstax.org/books/american-government-2e/pages/4-3-the-rights-of-suspects.
https://openstax.org/books/american-government-2e/pages/4-2-securing-basic-freedom
