first amendment – religion

Question 1

what does the first amendment provide generally for religion

Answer 1

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof

Question 2

under both the establishment and exercise clause, what is the government compelled to do

Answer 2

exercise neutrality towards religion

Question 3

what does the establishment clause specifically provide

Answer 3

a law or government program cannot include a preference for some religious sects over others or coerce people (either directly or indirectly) to exercise (or refrain from exercising) their religion

Question 4

establishment clause

if a regulation is not neutral, what does the court look at to determine whether there has been a violation of the establishment clause

Answer 4

whether it accords with the history and understanding of the founders

Question 5

exercise clause

what does the free exercise clause prohibit

Answer 5

prohibits the government from imposing burdens on a person on the basis of their religious beliefs

Question 6

exercise clause

what types of regulations are upheld under the free exercise clause

Answer 6

neutral laws of general applicability that incidentally impose some burden on religious practice are not prohibited

Question 7

free exercise clause

what types of regulations are not considered neutral and when are they upheld

Answer 7

government action designed to suppress activity due to animus toward a particular religion; it will be invalid unless necessary to achieve a compelling state interest