Many historians and political scientists argue that parts of the structure in the United States government were designed in ways to protect the interests of the wealthy property owners and business at the time of the 1787 constitution. The framers were influenced by fear of “mob rule” and wanted a system that balances democracy, protection of property and economic stability.
One example is the Electoral College. Instead of allowing citizens to directly elect the president, the constitution created a system where electors choose the president. This gave political elites more control over presidential elections and exercised independent judgment. Critics argue that the Electoral College can weaken influence to vote because a candidate can win regardless of popular vote or not. Smaller states can gain more influence and votes may carry less weight. Another example is Federalism. Federalism divides power between the national government and the states. This divides power between the national government and states. Also the “Establishment Clause” is part of the First Amendment to the U.S. constitution and says “Congress in simple terms means the government cannot create an official religion or favor one religion over another or not fairly support religion or non-religion. This clause was designed to also protect religious freedom by keeping government and religion completely separate. Courts interpreted the Establishment Clause in many cases involving school prayers. Religious displays on public property and government funding which connects to religious institutions.
An important way the Supreme Court interpreted the Establishment Clause was through something called the “Lemon Test” which came from the Supreme Court case called Lemon v. Kurtzman. The courts created a three-part test which decides whether a government action violates the Establishment Clause. Firstly the law or action must have a secular,nonreligious, purpose. Also the primary effect must either promote or inhibit religion. Thirdly it must not create excessive government involvement with religion. If the government actions fail in any of these parts, it can be declared unconstitutional. Although the Lemon Test has been criticized and used less often in recent years it remains important in constitutional law and religious freedom.
Burning the U.S. flag is generally by the First Amendment because the Supreme Court ruled that counts as symbolic speech. This came up in case Texas v. Johnson. In that case, Gregory Lee Johnson burned an American Flag during a political protest at the 1984 Republican National Convention. Texas arrested him during a law prohibiting flag desecration. However the Supreme Court ruled in a 5–4 decision that the government could not punish someone simply because society finds the act offensive. When someone says “I’m taking the Fifth” they are referring to the Fifth Amendment to the Constitution. The Fifth Amendment protects individuals from being forced to testify against someone in criminal cases. By “taking the Fifth” a person refuses to answer questions that could provide evidence leading to their own prosecution. This applies in court and other legal settings, such as congressional hearings or police questioning. This idea protects and ensures fairness and prevents the government from forcing people to incriminate themselves by confessing.