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Question 1
The Establishment Clause is found in:
Correct
Incorrect!
Correct The First Amendment provides that Congress shall make no law respecting an establishment of religion. The document noted in (d) is fictitious.
Incorrect! The First Amendment provides that Congress shall make no law respecting an establishment of religion. The document noted in (d) is fictitious.
Correct
Incorrect!
Correct
Incorrect!
Question 2
The Establishment Clause protects against:
Correct
Incorrect!
Correct
Incorrect!
Correct The Establishment Clause prohibits the government from endorsing not just specific religions but the very concept of religion over non-religion.
Incorrect! The Establishment Clause prohibits the government from endorsing not just specific religions but the very concept of religion over non-religion.
Correct
Incorrect!
Question 3
Which of the following is a governmental act which is permissible under the Establishment Clause?
Correct Of these, all but (a) violate the Establishment Clause. In Everson v. Board of Education, 330 U.S. 1 (1947), the Court listed a number of impermissible state actions, including (b) taxes levied to support religious institutions or activities, (c) governmental participation in religious organizations or participation by religious organizations in governmental activities, and (d) passing laws which aid one religion or religions generally.
Incorrect! Of these, all but (a) violate the Establishment Clause. In Everson v. Board of Education, 330 U.S. 1 (1947), the Court listed a number of impermissible state actions, including (b) taxes levied to support religious institutions or activities, (c) governmental participation in religious organizations or participation by religious organizations in governmental activities, and (d) passing laws which aid one religion or religions generally.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
The Lemon Test, enunciated in Lemon v. Kurtzman, 403 U.S. 602 (1970), provides:
Correct
Incorrect!
Correct The Lemon test asks: (1) Does the law have a non-secular purpose' (2) Is the primary effect either to advance religion or to inhibit religion' (3) Does the law foster an excessive governmental entanglement with religion' If so, it violates the Establishment Clause. If any of these is answered in the affirmative the law fails the test and violated the Establishment Clause. These are not factors to be weighed but are rather prerequisites for validity.
Incorrect! The Lemon test asks: (1) Does the law have a non-secular purpose' (2) Is the primary effect either to advance religion or to inhibit religion' (3) Does the law foster an excessive governmental entanglement with religion' If so, it violates the Establishment Clause. If any of these is answered in the affirmative the law fails the test and violated the Establishment Clause. These are not factors to be weighed but are rather prerequisites for validity.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Southernstate's legislature recently passed a law requiring that a copy of the Ten Commandments must be posted on the wall of public classrooms statewide. No public funds will be diverted for this purpose as the materials will all be privately donated. Below the last commandment on each poster the following words will be printed: "The secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States." Is the law valid?
Correct
Incorrect!
Correct
Incorrect!
Correct Despite the footnote, mere recitation of secular purpose here is insufficient to prevent a first-prong Lemon Test failure and therefore an Establishment Clause violation. See Stone v. Graham, 449. U.S. 39 (1980). Although (b) is correct in that the Ten Commandments apply to a number of different faiths, they do not apply to all faiths. Further, even if the Ten Commandments were universal to religions worldwide, this would still constitute a preference for religion over non-religion.
Incorrect! Despite the footnote, mere recitation of secular purpose here is insufficient to prevent a first-prong Lemon Test failure and therefore an Establishment Clause violation. See Stone v. Graham, 449. U.S. 39 (1980). Although (b) is correct in that the Ten Commandments apply to a number of different faiths, they do not apply to all faiths. Further, even if the Ten Commandments were universal to religions worldwide, this would still constitute a preference for religion over non-religion.
Correct
Incorrect!
Question 6
Last year the students at Public School 108 were allowed to decide on their graduation speaker. Following a school vote which included all students, a Catholic priest popular in the community was selected. In order to avoid the controversy he had seen in other school districts in years past, the school Principal called the priest and said "Whatever prayer you use at the end, just make sure it's non-denominational, O.K.?" The priest readily agreed. Following the graduation ceremony, during which the priest led the school in a brief, non-denominational prayer, an angry group of parents sued to ensure that there would be no similar Establishment Clause violations in future ceremonies. Has there been an Establishment Clause violation?
Correct Whether a priest or a layperson leads the prayer is unimportant, so (b) is wrong. By permitting the prayer the school has satisfied the state action requirement, which allows us to eliminate (c). Finally, (d) is wrong because even where graduation is explicitly voluntary the Court has found that non-attendance at this, one of lifes most important moments, is never truly optional. See Lee v. Weisman, 505 U.S. 577 (1992). This leaves only (a) because the school ceremony included a prayer, regardless of the non-denominational nature of the prayer and regardless of who initiated it, there is an Establishment Clause claim.
Incorrect! Whether a priest or a layperson leads the prayer is unimportant, so (b) is wrong. By permitting the prayer the school has satisfied the state action requirement, which allows us to eliminate (c). Finally, (d) is wrong because even where graduation is explicitly voluntary the Court has found that non-attendance at this, one of lifes most important moments, is never truly optional. See Lee v. Weisman, 505 U.S. 577 (1992). This leaves only (a) because the school ceremony included a prayer, regardless of the non-denominational nature of the prayer and regardless of who initiated it, there is an Establishment Clause claim.