Extra Cards

Question 1

Establishment clause - purpose

Answer 1

1. End government sponsored religion or preference;
2. Funding and dictating/coercing
3. Not prefer or penalize
4. Applies to states via 14a

Question 2

Establishment standards

Answer 2

1. Used to be lemon test (secular purpose, no advance/inhibit, entanglement);
2. Now Historical practices and understanding (original meaning and history 1791/1865)
3. Can’t coerce, require, indoctrinate (Lee v. Weisman - Rabbi at graduation);
4. Legislative prayer exception (not coerce like school)
5. Government preferring one religion over the other = strict scrutiny.

Question 3

Kennedy v. Bremerton School District

Answer 3

1. Lemon is not proper test;
2. Historical practices and understanding
3. Establishment and free exercise work in conjunction

Question 4

Establishment Clause review standards

Answer 4

1. Laws intentionally targeting religious conduct - strict scrutiny;
2. Neutral laws of general applicability - rational basis.

Question 5

Threshold Issue - Initial Paragraph

Answer 5

CA-CP-BAGISQ

1. CA is a CP state;
2. Property acquired during marriage presumed CP;
3. Acquired before marriage, after permanent separation, or by gift or inheritance presumed SP (+ rents, issue, and profits from SP);
4. Acquired in SP state before CA domicile in CA is QCP - treated as CP on death or divorce.