Podcast
Questions and Answers
What is the first criterion of the Lemon Test?
What is the first criterion of the Lemon Test?
Have non-religious legislative purpose
What does the second criterion of the Lemon Test state?
What does the second criterion of the Lemon Test state?
Does not have the primary effect of advancing or inhibiting religion
What is the third requirement of the Lemon Test?
What is the third requirement of the Lemon Test?
End result does not include excessive government entanglement in religion
What does the Sherbert Test assess regarding an individual's claim?
What does the Sherbert Test assess regarding an individual's claim?
What are the requirements of the government's actions in the Sherbert Test?
What are the requirements of the government's actions in the Sherbert Test?
Flashcards are hidden until you start studying
Study Notes
Lemon Test
- Establishes criteria for evaluating potential violations of the Establishment Clause of the First Amendment.
- First Criterion: Legislative purpose must be non-religious; the law should serve a secular purpose.
- Second Criterion: The law must not primarily advance or inhibit religion, maintaining neutrality towards different faiths.
- Third Criterion: The law’s outcome must avoid excessive government entanglement with religion, ensuring a clear separation.
Sherbert Test
- Used to determine if government actions infringe upon a person's free exercise of religion.
- First Inquiry: Evaluates whether the individual holds a sincere belief and if the government action significantly burdens the exercise of that belief.
- Second Inquiry: Assesses if the government's action serves a compelling state interest and whether it is the least restrictive means of achieving that interest, minimizing burden on religious practices.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.