Constitutional Law AMP - Freedom Of Religion And Association

Question 1

Which of the following is true regarding a law or government program that contains a preference for some religious sects over others?

A It must be necessary to serve an important government interest

B It must have a primary effect that neither advances nor inhibits religion

C It must not produce excessive government entanglement with religion

D It must be necessary to serve a compelling government interest

Answer 1

D

A law or government program must be necessary to serve a compelling government interest if it includes a preference for some religious groups over others. Government actions that include sect preferences must meet a strict scrutiny standard to be valid under the Establishment Clause. “Necessary to serve an important government interest” is incorrect because it states a more lenient, intermediate scrutiny standard. Having a primary effect that neither advances nor inhibits religion and not producing excessive government entanglement with religion are elements of the Lemon test, which applies to actions that do not include a sect preference. Thus, it is the wrong standard in this case. QUESTION ID: L0110B Additional Learning

Question 2

Which of the following activities involving public schools is valid under the Establishment Clause?

A A school policy whereby students themselves decide whether to hold a student invocation ceremony prior to athletic events.

B A program whereby, once weekly, the schoolday ends one hour early so that interested students may participate in voluntary religious classes in a separate location from the school.

C A voluntary moment of silent prayer or meditation at the beginning of the schoolday.

D Posting of the Ten Commandments in a public school pursuant to legislature’s declaration that the posting is for a secular purpose.

Answer 2

B

A program whereby, once weekly, the schoolday ends one hour early so that interested students may participate in voluntary religious classes in a separate location from the school is valid. (A similar program held in the school itself has been struck down, because turning the classrooms over to religious instructors was found to promote religion.) A voluntary moment of silent prayer or meditation at the beginning of the schoolday is invalid as promoting religion. It is irrelevant that the exercise is voluntary and that it is silent. Posting of the Ten Commandments in a public school pursuant to legislature’s declaration that the posting is for a secular purpose is invalid. The Supreme Court ruled that this program clearly served a religious purpose in spite of the legislature’s statement. A school policy whereby students themselves decide whether to hold a student invocation ceremony prior to athletic events in invalid. The policy promotes religion and allowing the students to vote does not negate the policy’s effect. QUESTION ID: L0112 Additional Learning

Question 3

Which of the following statements is true regarding a requirement that a government employee take a loyalty oath “to support the Constitution of the United States”?

A The requirement is valid under the First Amendment

B The requirement is invalid because it is not narrowly tailored to serve an important government interest

C The requirement is invalid under the First Amendment because it is vague

D The requirement is invalid under the First Amendment because it is overbroad

Answer 3

A

A requirement that a government employee take a loyalty oath “to support the Constitution of the United States” would be valid under the First Amendment. The First Amendment protects not only the freedoms of speech and religion, but also the freedom of belief and the right to associate. These rights may be unconstitutionally burdened by a required loyalty oath that is overbroad or vague. However, the Supreme Court has found that a loyalty oath requiring the affiant to support the Constitution is not overbroad because it does not prohibit constitutionally protected activities and it is not vague. The choices indicating that the oath is invalid because vague or overbroad are incorrect for the above reasons. The choice indicating that the oath is invalid because it is not narrowly tailored to serve an important government interest is incorrect because the Supreme Court has found that the government has a sufficient interest in assuring that its employees and representatives will uphold the Constitution. QUESTION ID: L0106A Additional Learning

Question 4

A government employer __________.

A May ask a prospective employee about membership in any organization sufficiently relevant to the loyalty and competence of the prospective employee

B May ask a prospective employee about membership in any organization

C May not require any membership disclosures of a prospective employee

Answer 4

A

Asking about membership in any organization sufficiently relevant to the loyalty and competence of the prospective employee is allowed. A government employer may seek disclosure of such information. Thus, the choice that the employer may not require any membership disclosure is wrong. Asking about membership in any organization is incorrect, because such a broad requirement would have a chilling effect on First Amendment activities. QUESTION ID: L0107A Additional Learning

Question 5

Regulations of core political speech are upheld if the __________ can show that they __________.

A Challenger; they are not rationally related to a legitimate government purpose

B Government; are necessary to achieve a compelling government interest

C Government; narrowly tailored to serve an important interest

Answer 5

B

A strict scrutiny standard must be met for a regulation affecting core political speech to be upheld. Under this test, the regulation will not be upheld unless the government can prove that the regulation is necessary to achieve a compelling government interest. This test is used because political speech is afforded a high level of protection under the First Amendment. The choice referring to rationally related to a legitimate government purpose is incorrect. This is the rational basis test. The rational basis standard is a much more lenient standard. Regulations of core political speech are subject to a harsher standard, as indicated above. Narrowly tailored to serve an important interest is incorrect. This is an intermediate scrutiny standard. Intermediate scrutiny is a more onerous test to meet than the rational basis test, but it still is not sufficient to support a restriction on core political speech. QUESTION ID: L0105B Additional Learning

Question 6

A government employer __________ ask a prospective employee about his memberships in __________.

A May; any organization sufficiently bearing on the prospective employee’s loyalty and competence

B May; any organization

C May not; any organization

Answer 6

A

A government employer may ask a prospective employee about membership in any organization sufficiently bearing on the loyalty and competence of the employee. Thus, the choice “may not; any organization” is incorrect. The choice “may; any organization” is too broad. A government employer may not ask about membership in any and all organizations because this would have a chilling effect on First Amendment activities. QUESTION ID: L0107B Additional Learning

Question 7

Despite the Free Exercise Clause, in a relevant case a court may assess:

A A person’s veracity in court by whether the person is willing to swear on the Bible

B The sincerity of a person’s religious beliefs

C The veracity of a particular religion’s beliefs

Answer 7

B

A court may assess the sincerity of a person’s religious beliefs when relevant to a particular case. Although the Free Exercise Clause protects the freedom of belief, perhaps absolutely, a court may assess whether a person who says he acted based upon religious beliefs actually held the beliefs claimed. For example, if a person says that he performed an act because “God told him to,” a court may assess whether the person really believes that “God told him to” so act. The Free Exercise Clause prohibits the courts from assessing the veracity of a particular religion’s beliefs. Many religious beliefs are a matter of faith rather than fact, and the Free Exercise Clause prohibits the courts from weighing in on matters of faith. The Free Exercise Clause would prohibit the courts from requiring litigants to swear an oath on the Bible, although litigants may be permitted to so swear or given the choice to swear or affirm. Particular religious beliefs cannot be made prerequisites to testifying in court or holding public office. QUESTION ID: L0108A Additional Learning

Question 8

Which of the following is not a factor in the test for the validity of government action under the Establishment Clause when no sect preference is involved?

A The action has a primary effect that neither advances nor inhibits religion.

B The government action is narrowly tailored to promote a compelling interest.

C The action does not produce excessive government entanglement with religion.

D The action has a secular purpose.

Answer 8

B

“The government action is narrowly tailored to promote a compelling interest” is not part of the test for determining the validity of government action under the Establishment Clause. This strict scrutiny test is applied to determine the validity of government action that includes a sect preference under the Establishment Clause. The three-part Lemon test, applied in cases in which there is no preference for one religious group over another, is that: 1. The action has a secular purpose, 2. The action has a primary effect that neither advances nor inhibits religion, and 3. The action does not produce excessive government entanglement with religion. QUESTION ID: L0111 Additional Learning

Question 9

Regulations of core political speech are upheld if they meet the __________ standard.

A rational basis

B intermediate scrutiny

C weighty interest

D strict scrutiny

Answer 9

D

A strict scrutiny test must be met in order for a regulation affecting core political speech to be upheld. Under this test, the regulation will not be upheld unless the government can prove that the regulation is necessary to achieve a compelling government interest. This test is used because political speech is afforded a high level of protection under the First Amendment. The rational basis standard is a much more lenient standard. A regulation will pass this test unless the challenger can prove that the regulation is not rationally related to achieving a legitimate government interest. Regulations of core political speech are subject to a harsher standard, as indicated above. Intermediate scrutiny (e.g., the government must show that the regulation is narrowly tailored to serve a sufficiently important interest) is a more onerous test to meet than the rational basis test, but it still is not sufficient to support a restriction on core political speech. Weighty interest is not a recognized name of a standard of scrutiny under the First Amendment. QUESTION ID: L0105 Additional Learning

Question 10

Generally for government action to be valid under the Establishment Clause, the action __________.

A Must have a secular purpose, must have a primary effect that neither advances nor inhibits religion, and must not produce excessive government entanglement with religion

B Must have a secular purpose, must be generally applicable, and must not produce excessive government entanglement with religion

C Must be generally applicable, must have a primary effect that neither advances nor inhibits religion, and must not produce excessive government entanglement with religion

D Must have a secular purpose, must have a primary effect that neither advances nor inhibits religion, and must be generally applicable

Answer 10

A

In determining whether government action is valid under the Establishment Clause, courts will usually consider the three-part Lemon test: 1. The action has a secular purpose, 2. The action has a primary effect that neither advances nor inhibits religion, and 3. The action does not produce excessive government entanglement with religion. In determining whether government action is valid under the Establishment Clause, courts will usually not consider whether the action is generally applicable. In free exercise cases, courts will consider whether the government regulation complained of is of general applicability. If it is and it does not target action because it is religious, then the action is valid. But again, this is a free exercise, rather than an Establishment Clause, concern. Thus, the choices that included this language are incorrect. QUESTION ID: L0111B Additional Learning

Question 11

In determining whether government action is valid under the Establishment Clause, courts will usually consider all of the following except whether:

A The action has a primary effect that neither advances nor inhibits religion

B The action does not produce excessive government entanglement with religion

C The action has a secular purpose

D The action is one of general applicability

Answer 11

D

In determining whether government action is valid under the Establishment Clause, courts will usually not consider whether the action is an action of general applicability—that is more related to a free exercise case. In Establishment Clause cases, the courts usually use the three-part Lemon test, which is reflected in the other answer choices: 1. The action has a secular purpose, 2. The action has a primary effect that neither advances nor inhibits religion, and 3. The action does not produce excessive government entanglement with religion. QUESTION ID: L0111A Additional Learning

Question 12

Which of the following standards must be met in order for regulation of core political speech to be upheld?

A Intermediate scrutiny

B Strict scrutiny

C Rational basis

Answer 12

B

A strict scrutiny standard must be met in order for a regulation affecting core political speech to be upheld. Under this test, the regulation will not be upheld unless the government can prove that the regulation is necessary to achieve a compelling government interest. This test is used because political speech is afforded a high level of protection under the First Amendment. The rational basis standard is a much more lenient standard. A regulation will pass this test unless the challenger can prove that the regulation is not rationally related to achieving a legitimate government interest. Regulations of core political speech are subject to a harsher standard, as indicated above. Intermediate scrutiny (e.g., the government must show that the regulation is narrowly tailored to serve a sufficiently important interest) is a more onerous test to meet than the rational basis test, but it still is not sufficient to support a restriction on core political speech. QUESTION ID: L0105A Additional Learning

Question 13

A law or government program that prefers one religious sect over others probably will be held invalid unless it can be shown that it is:

A Not unduly burdensome on the other religious sects

B Necessary to serve a compelling government interest

C Necessary to serve an important government interest

Answer 13

B

A law or government program must be necessary to serve a compelling government interest if it includes a preference for some religious groups over others. Government actions that include sect preferences must meet a strict scrutiny standard to be valid under the Establishment Clause. “Necessary to serve an important government interest” is incorrect because a compelling (rather than important) government interest likely would be required. “Not unduly burdensome on the other religious sects” is incorrect. No Religion Clause standard is based on a not unduly burdensome test. QUESTION ID: L0110A Additional Learning

Question 14

A law or government program that contains a preference for one or some religious groups over others will be invalid unless __________.

A it does not produce excessive government entanglement with religion

B it is necessary to serve a compelling government interest

C it has a primary effect that neither advances nor inhibits religion

D it is necessary to serve an important government interest

Answer 14

B

A law or government program must be necessary to serve a compelling government interest if it includes a preference for some religious groups over others. Government actions that include sect preferences must meet a strict scrutiny standard to be valid under the Establishment Clause. “Necessary to serve an important government interest” is incorrect because it states a more lenient, intermediate scrutiny standard. Whether a government action has a primary effect that neither advances nor inhibits religion and does not produce excessive government entanglement with religion, both are elements of the Lemon test, which applies to actions that do not include a sect preference. Thus, it is the wrong standard in this case. QUESTION ID: L0110 Additional Learning

Question 15

A requirement that a government employee take a loyalty oath “to support the Constitution of the United States” would be __________.

A valid under the First Amendment

B invalid as not being narrowly tailored to serve an important government interest

C invalid under the First Amendment as being vague

D invalid under the First Amendment as being overbroad

Answer 15

A

A requirement that a government employee take a loyalty oath “to support the Constitution of the United States” would be valid under the First Amendment. The First Amendment protects not only the freedoms of speech and religion, but also the freedom of belief and the right to associate. These rights may be unconstitutionally burdened by a required loyalty oath that is overbroad or vague. However, the Supreme Court has found that a loyalty oath requiring the affiant to support the Constitution is not overbroad because it does not prohibit constitutionally protected activities and it is not vague. The choices indicating that the oath is invalid for being vague or overbroad are incorrect for the above reasons. The choice indicating that the oath is invalid as not being narrowly tailored to serve an important government interest is incorrect because the Supreme Court has found that the government has a sufficient interest in assuring that its employees and representatives will uphold the Constitution. QUESTION ID: L0106 Additional Learning

Question 16

The Free Exercise Clause does not prohibit a court from __________ if relevant to a particular case.

A Assessing the sincerity of a person’s religious beliefs

B Requiring litigants to swear an oath on the Bible to tell the truth

C Assessing the veracity of a particular religion’s beliefs

D Limiting the term “religion” to belief systems involving a supreme being

Answer 16

A

The Free Exercise Clause does not prohibit a court from assessing the sincerity of a person’s religious beliefs if relevant to a particular case. Although the Free Exercise Clause protects the freedom of belief, perhaps absolutely, a court may assess whether a person who says he acted based upon religious beliefs actually held the beliefs claimed. For example, if a person says that he performed an act because “God told him to,” a court may assess whether the person really believes that “God told him to” so act. The Free Exercise Clause prohibits the courts from assessing the veracity of a particular religion’s beliefs. Many religious beliefs are a matter of faith rather than fact, and the Free Exercise Clause prohibits the courts from weighing in on matters of faith. The Free Exercise Clause would prohibit the courts from requiring litigants to swear an oath on the Bible, although litigants may be permitted to so swear or given the choice to swear or affirm. Particular religious beliefs cannot be made prerequisites to testifying in court or holding public office. The Free Exercise Clause prohibits the courts from limiting the term “religion” to belief systems involving a supreme being. The Supreme Court has not adopted a definition of the term “religion,” but it has made clear that belief in a supreme being is not a prerequisite. QUESTION ID: L0108B Additional Learning

Question 17

Government regulation of the electoral process may give rise to various First Amendment concerns, in particular, the rights of free speech and assembly and the right of association.
According to the Supreme Court’s balancing test for the validity of a regulation of the electoral process, if the limitation on First Amendment activities is severe, it will be __________.

A upheld only if narrowly tailored to achieve a compelling interest

B upheld as long as it does not implicate a suspect classification

C upheld if it serves a state’s important regulatory interest

D facially invalid

Answer 17

A

“Upheld only if narrowly tailored to achieve a compelling interest” is the correct standard when the effect on First Amendment rights is severe. “Upheld if it serves a state’s important regulatory interest” describes a more lenient standard that applies only if the burden on First Amendment rights is reasonable and does not discriminate. “Facially invalid” is incorrect; a regulation that passes the Supreme Court’s balancing test will be upheld even if the effect of the regulation on First Amendment activities is harsh. “Upheld as long as it does not implicate a suspect classification” describes an equal protection concern, not a First Amendment standard, and is not the only basis on which an electoral basis may be invalidated. QUESTION ID: L0104 Additional Learning

Question 18

The Supreme Court has stated that the Free Exercise Clause prohibits government regulations that:

A Interfere with religious practices unless the government can prove that the action is necessary to achieve a compelling government interest

B Punish conduct just because it is religious

C Interfere with religious practices unless the government can prove that the regulation is narrowly tailored to achieve an important government objective

Answer 18

C

The Free Exercise Clause prohibits government regulation that punishes conduct just because it is religious. If the intent of the law is to interfere with religion, or if the law punishes conduct solely because it is religious, the law is invalid. For example, a law may not prohibit ritual slaughter of chickens while otherwise allowing the slaughter of chickens. The Free Exercise Clause does not require government regulations that interfere with religious practices to be necessary to achieve a compelling government interest or narrowly tailored to achieve an important government objective. These choices reflect higher standards (strict scrutiny and intermediate scrutiny, respectively) than is currently used in Free Exercise cases. Older cases purportedly applied strict scrutiny, but the Supreme Court seemed often to have to stretch to find a compelling interest in such cases. QUESTION ID: L0109A Additional Learning

Question 19

Which of the following statements is correct regarding a government employer’s ability to ask a prospective employee about her memberships in organizations?

A The employer may ask about membership in any organization.

B The employer may not require a disclosure of memberships if the prospective employee claims a privilege against self-incrimination.

C The employer may not require any membership disclosures.

D The employer may ask about membership in any organization relevant to the employee’s position.

Answer 19

D

Asking about membership in any organization relevant to the employee’s position is allowed because the disclosure has a sufficient relationship to loyalty and competence. Thus, the choice that the employer may not require any membership disclosure is wrong. Asking about membership in any organization is incorrect, because such a broad requirement would have a chilling effect on First Amendment activities. The choice stating that the employer may not require disclosure if the employee claims the privilege against self-incrimination is incorrect. If a prospective public employee is denied employment for refusing to disclose her organizational memberships on a claim against self-incrimination, the denial of employment can violate the Fifth and Fourteenth Amendments. However, if the government offers the employee immunity, it may require disclosure. QUESTION ID: L0107 Additional Learning

Question 20

The Establishment Clause is not violated if a public school __________.

A Has a policy whereby students themselves decide whether to hold a student invocation ceremony prior to athletic events

B Has a voluntary moment of silent prayer or meditation at the beginning of the school day

C Posts the Ten Commandments pursuant to legislature’s declaration that the posting is for a secular purpose

D Once weekly, ends the school day one hour early so that interested students may participate in voluntary religious classes in a separate location from the school

Answer 20

D

A program whereby, once weekly, the school day ends one hour early so that interested students may participate in voluntary religious classes in a separate location from the school is valid. A similar program held in the school itself has been struck down, because turning the classrooms over to religious instructors was found to promote religion.A voluntary moment of silent prayer or meditation at the beginning of the school day is invalid as promoting religion. It is irrelevant that the exercise is voluntary and that it is silent.Posting the Ten Commandments in a public school pursuant to legislature’s declaration that the posting is for a secular purpose is invalid. The Supreme Court ruled that this program clearly served a religious purpose in spite of the legislature’s statement.A school policy whereby students themselves decide whether to hold a student invocation ceremony prior to athletic events is invalid. The policy promotes religion and allowing the students to vote does not negate the policy’s effect. QUESTION ID: L0112A Additional Learning