Dakota Dickey – Module 9.1 The Amendments in Practice
Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
I understand the “Establishment Clause” is part of the first amendment and it reads as such “”Congress shall make no law respecting an establishment of religion…”, this was put into The US Constitution as a preventive measure so the government does not favor or support an established religion. This is the separation of church and state we always hear about. The Lemon test comes from a Supreme court ruling Lemon and Kurtzman and it sets up a test to determine whether a law violated the “Establishment Clause”. There are 3 parts, one the Secular Purpose – the law must have a primary purpose that is non religious. The 2nd being the neutral effect, does the law advance or inhibit religious activity? And lastly excessive entanglement stating the government must not make laws resulting in an excessive gov entanglement with religion. If a law fails any part of the Lemon test it’s considered unconstitutional.
Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Yes it is protected under the first amendment, in the case Texas v. Johnson in 1989. Johnson protested in 1984 at the Republican National Convention in Dallas by burning the US flag. The case was sent to the supreme court who ruled in favor of Johnson stating this was part of his Freedom of Speech.
What does it mean when someone says “I’m taking the Fifth”?
It means they are invoking their fifth amendment right to not speak or they are avoiding incriminating themselves. The Fifth Amendment states that no person “shall be compelled in any criminal case to be a witness against himself.” In practice, this means they are choosing not to answer a question,because doing so might reveal information that could be used against them in a criminal case.
