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Religion: The Establishment Clause

Final Exam: 3 Hours . 1) Multiple choice questions testing concepts 20%2) Essay Question - A hypothetical in which you will apply the doctrine you have learned 40%3) Essay Question - About the role of the courts in defining justice in our system, using examples from class and readings 40% . 11

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Religion: The Establishment Clause

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    1. 10:41 Religion: The Establishment Clause I will be in the office 2-3 today Rjgarcia@ucsd.edu Monday: Lee v Weisman (not concurring opinions) Wednesday: Employment Division v Smith (not OConnors concurring opinion) Friday: Review of Major Themes and Conclusion

    2. Final Exam: 3 Hours 1) Multiple choice questions testing concepts 20% 2) Essay Question - A hypothetical in which you will apply the doctrine you have learned 40% 3) Essay Question - About the role of the courts in defining justice in our system, using examples from class and readings 40% 11:23

    3. First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. Incorporated to the states Differing historical evidence about the views of the Constitutions founders of the respective places of religion and the state 11:23

    4. The Lemon Test 1) The governments action must have a secular legislative purpose 2) Its principal or primary effect must be one that neither advances nor inhibits religion 3) There shall be no excessive entanglement with religion. From Lemon v. Kurtzman, 1971 11:24

    5. Lee v. Weisman (1992) Deborah Weisman objected to a nonsectarian benediction at graduation. Does the graduation prayer violate the Establishment Clause? Yes. Majority (by Kennedy): There is a subtle compulsion to the students to participate; and the nonsectarian nature of the prayer did not make it constitutional. Dissent (by Scalia): The prayer was not directed by the government, nor was there any coercion. 10:18

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