The Establishment Clause (1st Amendment)

Question 1

The 1st Amendment forbids the government from ______ or ______ favor to a particular religion or religious organizations in general.

Answer 1

endorsing or showing

Question 2

What standard does the government need to meet for a law to be constitutional under the Establishment Clause?

Answer 2

(Lemon Test): The government must show (1) there is a secular purpose for the law,
(2) that the effect of the law is neither to advance nor inhibit religion, and
(3) the law doesn’t create excessive entanglement with religion.

Question 3

Examples of Constitutional Laws (laws which do not violate the establishment clause):

Answer 3

i. Displaying religious symbols on government property, so long as there is a secular purpose. ii. Providing school vouchers for children to use to attend private religious schools.
iii. Providing books to religious institutions and schools.
iv. Providing construction funds or property for religious institutions (so long as the property donated or constructed with the funds is not used for religious purposes).