- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The Establishment Clause according to me is that the government cannot favor 1 religion over another one. The US Government must be neutral in term of Religion, they cannot promote a specific religion as the general religion of the United States. The Lemon test incudes three requirements. First, the law must have a secular (non-religious) purpose. Second, the law must not have the primary effect of advancing religion. Third, the test requires that government avoid excessive entanglement with religion. Those requirements determine whether a government law or action meets the establishment clause. In other words all action taken by the government must show an attitude or position that has nothing to do with religion. No cross or religious images, photos hanging in public schools walls or classrooms is a secular decision. Government must have limited relationship with a religious entity such limited administrative cooperation with churches. Not less, not too much services to churches or any other entity from other religions.
- Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Since 1960, the Supreme Court’s rulings on free expression became more rural. The Supreme Court also found that various forms of symbolic speech must be protected as well spoken communication. Therefore, the US flag is protected by the First Amendment under that same protection. The Supreme Court on a case have decided that burning the US flag is a form of symbolic speech or free expression on the case of Texas vs Johnson. The Court determines under the first amendment that people burns the flag in way to express their cause and unhappiness. It is a allowable as expressive conduct. Per the Court, punishing flag burning as a flag violation of protocol is unconstitutional.
- What does it mean when someone says “I’m taking the Fifth”?
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. . In criminal cases, the Fifth Amendment guarantees the right to a grand jury, condemns double jeopardy, and protects against self-incrimination. The expression “Taking the Fifth” is the provision where an individual is protected against self-incrimination. The Fifth gives the right to individuals to not provide evidence to law enforcements that might incriminate them for a crime. They can refuse to answer questions or make any statements that could be used against them.
