Jaydeen Machado
American Government
9.1
1. Describe how you understand the “Establishment Clause” and the related “Lemon Test”. Establishment clause prohibited congress from creating and promoting state sponsored religion favoring one or non. Most countries have Church religion values beliefs in between the states there are divisions, and with certain divisions, come restrictions within certain religious groups in certain countries and states to the restrictions of certain states with Jews. Similar to what Thomas Jefferson describes a wall of separation between states and church, so this is why the forbidden creation of a church for the US forbids government from favoring one religion beliefs over another church or certain religious group. this is how lemon test relates to establishment cause because the test decides whether a law or government action promotes a specific religious practice, and if it is allowed to stand. So, there are three certain criteria standards as you can say that needs to be satisfied. one of them is action and law must not lead to excessive entanglement with religion, so there should be straightforward and not require extensive effort by the government. The second test is if the law cannot inhibit or advance a certain religion, and lastly, the final test is action or law must have no villages or spiritual, but basis, they must have secular purpose non-religious justification for each law. This is how we keep our school system different respecting every religion and supporting.
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 flag is protected speech under the first amendment a form of symbolic expression or a political expression. Trying to convey a message protecting the expression even if its offensive to others just because society may find the idea offensive asked on standards. Like Near v Minnesota about press freedoms, federal government could not engage in stopping someone from publishing something without a compelling reason. Not being ale to deny certain businesses like the New York Times and Washington Post newspapers even the pentagon papers. As for courts they recognized government officials and public figures may silence certain press to avoid backlash but serving lawsuits for defamation of character. The freedom of expression is not absolute there are restrictions in place to limit certain abilities. You can possibly find loopholes.
3. What does it mean when someone says, “I’m taking the Fifth”?
When someone say I’m taking the fifth” it means protection against self incriminating or the right to remain silent. Your right not to give evidence in court, to law enforcement in an interrogation that might produce an admission of guilt or responsibility for a crime. In a criminal trial if someone doe does not testify in his or her own defense, prosecutors can not use that failure to testify as evidence of guilt or imply an innocent person would testify. In the Supreme Courts 1966 ruling in Miranda v. Arizona suspect through high suspect are to be informed of the most important right. The right to self incriminates before being in police custody. In a situation where you are free to leave, consider law enforcement does not have to inform you of the rights before question know as Miranda Warning.