1st Amendment Religion Flashcards

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1
Q

Free Exercise Clause

A

The 1st Amendment Free Exercise clause prohibits the government from limiting or interfering with religious practice/beliefs.

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2
Q

Free Exercise Clause/Strict Scrutiny

A

A strict scrutiny standard is used when free exercise of religion is at issue. Under strict scrutiny, the government must show the law is necessary to achieve a compelling government interest, and there are no less restrictive means.

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3
Q

Establishment Clause

A

The 1st Amendment Establishment Clause prohibits the government from discriminating against a specific religion.

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4
Q

Establishment Clause/Strict Scrutiny

A

A strict scrutiny standard is used when a sect preference is at issue. Under strict scrutiny, the government must show the law is necessary to achieve a compelling government interest, and there are no less restrictive means.

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5
Q

Establishment Clause/Lemon Test

A

The Lemon Test is used when a law or governmental program restricts or burdens religion without discriminating against a specific religion. To be valid a law or governmental program, must have a secular purpose, have a primary effect that neither advances nor inhibits religion, and not produce excessive government entanglement with religion.

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6
Q

Establishment Clause/Primary Effect Define

A

Primary effect that advances religion includes governmental indoctrination of religion or defines its recipients by reference to religion.

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7
Q

Establishment Clause/Excessive Entanglement Define

A

Excessive entanglement includes detail monitoring by the government.

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