Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
Based on the reading in American Government: 4.2 Securing Basic Freedoms, I understand the Establishment Clause as Congress’ way of preventing the establishment of a primary religion in the government. As explained in the text, many countries during this time fought in long and gruesome wars to have their religion be the primary religion represented in their government and because of this, the United States wanted to prevent this by separating church and state. The Lemon Test is a test that makes sure the Establishment Clause is not being breached for the laws or potential laws being put in place.
Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Based on the reading in American Government: 4.2 Securing Basic Freedoms, I understand that the burning of the US flag is protected by the First Amendment. The reason it is protected under the First Amendment can be showcased in the case of Texas v. Johnson. In 1984 Johnson was arrested for desecration of the US flag among other charges, but by 1989 the Supreme Court ruled that the burning of the US flag is a form of symbolic speech and therefore protected under the First Amendment. Since then, there have been many attempts in congress to pass the “Flag Protection Act” which was deemed unconstitutional.
What does it mean when someone says “I’m taking the Fifth”?
When someone says “I’m taking the Fifth” they are referring to the Fifth Amendment right to not give evidence or say anything in a court of law or to a law enforcement office that could potentially be an admission of guilt or incriminating.
