instructions in the attached file
Ex
The First Amendment contains two clauses dealing with religion. What are they and how do they differ from each other?
Answer:
There is more than one clause in Amendment one, but the two about religion are freedom to exercise religion and freedom to establish religion. The free exercise clause is that Americans have the ability to choose and practice their own religion. The clause the freedom to exercise religion there are two key issues to look at, the first one according to the textbook, the court must determine whether the activity is based the court's decision if whatever the activity is based on religion. The second, is that they must decide any limitations should be placed on the exercise of that activity. (Currier, K. A., Eimermann, T. E., & Campbell, M. S. (2020) pg 183). For example, in the case Wisconsin v Yonder, it was said that the parents were going against the state for the reason of not sending their kid to school beyond the eighth grade. The parents fought back because they felt that it was their right not to take their kid to school because taking their kid to school would infringe upon their religion. The court was in favor of the parents.
The Establishment clause is that regions are recognized, however the government doesn't favor one religion. According to the textbook, in 1971 the Supreme court announce a three-part test known as the Lemon test. (Currier, K. A., Eimermann, T. E., & Campbell, M. S. (2020). page 191). There were multiple failed attempts in court while using the lemon test, and other times it was ignored. For example, the case American Legion v. American Humanist Association used the Lemon test. According to the article, The Lemon test showed that it did the establishment clause was not violated. The first reason was that the cross wasn't specific to religion, the second it neither advances nor inhibits religion and third it does not have a primary effect of endorsing religion. The Fourth Circuit reversed and remanded. (Oyez)
Currier, K. A., Eimermann, T. E., & Campbell, M. S. (2020). The study of law: A critical thinking approach. New York: Wolters Kluwer.
The American Legion v. American Humanist Association. (n.d.). Retrieved February 02, 2021, from https://www.oyez.org/cases/2018/17-1717
Thoughts for Additions: For this one I just added one more example that was not in the book, I thought would be a stronger response in the first paragraph.
Rewrite: There are more than one clause in Amendment one, but the two about religion are freedom to exercise religion and freedom to establish religion. The free exercise clause is that Americans have the ability to choose and practice their own religion. The clause the freedom to exercise religion there are two key issues to look at, the first one according to the textbook, the court must determine whether the activity is based the court's decision if whatever the activity is based on religion. The second, is that they must decide any limitations should be placed on the exercise of that activity. (Currier, K. A., Eimermann, T. E., & Campbell, M. S. (2020) pg 183). For example, in the case Wisconsin v Yonder, it was said that the parents were going against the state for the reason of not sending their kid to school beyond the eighth grade. The parents fought back because they felt that it was their right not to take their kid to school because taking their kid to school would infringe upon their religion. The court was in favor of the parents. Added: Second example is Engel V. Vitale. This case is where a parent had thought that the school was being unconstitutional because the school was forcing the kids to say the pledge of allegiance. The reason was because the parent considered the pledge of allegiance to be a nondenominal prayer. The court ruled in favor that it infringed the rights of the first amendment clause.
