Deck 10: Religion and the Constitution

Question 1

In which case can the following quotation be found?
"It may fairly be said that leaving accommodation to the political process will place at a relative disadvantage those religious practices that are not widely engaged in; but that unavoidable consequence of democratic government must be preferred to a system in which each conscience is a law unto itself or in which judges weigh the social importance of all laws against the centrality of all religious beliefs . . . ."

A) Engel v. Vitale
B) Lemon v. Kurtzman
C) Employment Division v. Smith
D) Abington School Dist. v. Schempp

Answer 1

Employment Division v. Smith

Question 2

Which of the following is NOT considered to be a current mode of analysis used by the Court to review alleged violations of the Establishment Clause?

A) non-denominational test
B) coercion test
C) endorsement test
D) Lemon test

Answer 2

non-denominational test

Question 3

Which view of the Establishment Clause would allow greater interplay between government and religion?

A) accommodationist view
B) separationist view
C) high-wall theory
D) conscientious theory

Answer 3

accommodationist view

Question 4

Between 1963 and 1990, which standard of review was used by the Court to evaluate free exercise claims?

A) rational basis test
B) neutrality test
C) Lemon test
D) strict scrutiny
E) intermediate scrutiny

Question 5

Each of the following is a standard under the Lemon test EXCEPT:

A) law must have a secular purpose.
B) law's primary effect must neither advance nor inhibit religion.
C) law must not foster an excessive entanglement.
D) law must give equal access to all religions.

Question 6

What document written by James Madison is frequently used when interpreting and discussing the religion clauses?

A) Memorial and Remonstrance against Religious Assessments
B) Federalist 70
C) Federalist 10
D) The Religious Manifesto

Question 7

Which case limited Congressional efforts to restore strict scrutiny analysis in free exercise cases?

A) Employment Division v. Smith
B) Sherbert v. Verner
C) Wisconsin v. Yoder
D) City of Boerne v. Flores

Question 8

The Court's decision is Lee v. Weisman BEST illustrates which approach (test) under the Establishment Clause?

A) Lemon test
B) Endorsement Test
C) Coercion Test
D) Neutrality test

Question 9

What law did Congress pass in an effort to reverse the consequences of the Court's opinion in Employment Division v. Smith?

A) Religious Equality Bill
B) The Religious Tolerance Restoration Act
C) The Religious Freedom Restoration Act
D) The Strict Scrutiny Restoration Act

Question 10

Which of the following tests reflects the most accommodationist approach toward the Establishment Clause?

A) Lemon test
B) Endorsement test
C) Coercion test
D) Neutrality test

Question 11

Which of the following tests reflects the most separationist approach toward the Establishment Clause?

A) Lemon test
B) Endorsement test
C) Coercion test
D) Neutrality test

Question 12

Which of the following tests is the most accommodationist approach toward the Free Exercise Clause?

A) Strict Scrutiny test
B) Endorsement test
C) Coercion test
D) Neutrality test

Question 13

In which case did the Court uphold a law prohibiting polygamy as it applied to a Mormon who allegedly had married a second wife?

A) Wisconsin v. Yoder
B) Employment Division v. Smith
C) Sherbert v. Verner
D) Reynolds v. United States

Question 14

Which case involved an Establishment Clause challenge to the "under god" provision within the Pledge of Allegiance?

A) Newdow v. United States
B) Sherbert v. Verner
C) Reynolds v. United States
D) Van Orden v. Perry

Question 15

In which case did the Court uphold the public display of the Ten Commandments?

A) Van Orden v. Perry
B) McCreary v. ACLU
C) County of Allegany v. ACLU
D) Lynch v. Donnelly

Question 16

In which case did the Court uphold portions of the Religious Land Use and Institutionalized Persons Act of 2000?

A) Cutter v. Wilkinson
B) McCreary v. ACLU
C) City of Boerne v. Flores
D) Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, et al.

Question 17

In Free Exercise cases, what terms is used to describe a person who is seeking an exemption from fighting in a war based on religious convictions?

A) Religious Convict
B) Soldier of God
C) Conscientious Objector
D) Abstainer

Question 18

What is the name of the U.S. Supreme Court case that held that a closely held corporation could assert religious freedoms under the Religious Freedom Restoration Act (RFRA) in that it would not have to provide employee health-care coverage for contraceptives under the federal Affordable Care Act?

A) Cutter v. Wilkinson
B) Hobby Lobby v. Burwell
C) City of Boerne v. Flores
D) Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, et al.

Question 19

Which U.S. Supreme Court case decided in 1984 applied the Lemon test to rule hat a crèche display, which included a Santa Claus, reindeer, carolers, and a "Seasons Greetings" sign, did not violate the Establishment Clause?

A) Hobby Lobby v. Burwell
B) City of Boerne v. Flores
C) Lynch v. Donnelly
D) Newdow v. United States Congress

Question 20

Which U.S. Supreme Court case held that a Judeo-Christian prayer offered during a public-school graduation ceremony violated the Establishment Clause?

A) Hobby Lobby v. Burwell
B) Lee v. Weisman
C) Lynch v. Donnelly
D) Newdow v. United States Congress

Question 21

In December 1785, James Madison introduced a bill authored by Thomas Jefferson to the Virginia Assembly that included, among other things, a "Bill for Establishing Religious Freedom."

Question 22

The Free Exercise Clause and Establishment Clause are found in Article I of U.S. Constitution.

Question 23

The First Amendment expressly defines the term "respecting"
in the Establishment Clause.

Question 24

The separationist approach to the First Amendment religion clauses is an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations.

Question 25

At times, the U.S. Court had taken both an accommodationist approach and a separationist approach to the First Amendment.

Question 26

The U.S. Supreme Court has incorporated the First Amendment religion clauses through the Fourteenth Amendment Due Process Clause, thereby making them applicable to state and local governments.

Question 27

An executive order signed by the President cannot be a violation of the Establishment Clause or the Free Exercise Clause since the beginning of the First Amendment includes the phrase "Congress shall make no law"
in the text.

Question 28

The Lemon test is a test used by courts to interpret the Establishment Clause.

Question 29

The Lemon test was adopted by the 1971 U.S. Supreme Court Lemon v. Kurtzman.

Question 30

Under the coercion test, the U.S. Supreme Court essentially collapses the first two questions of the Lemon test (the secular purpose and primary effect requirements) by asking the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion.

Question 31

The compelling governmental interest test is also known as the strict scrutiny test.

Question 32

Under the strict scrutiny test, the courts will uphold a law if it is rationally related to a legitimate government purpose.

Question 33

The neutrality test is an approach to free exercise cases adopted in Employment Division v. Smith (1990) that maintains that governmental policies that are neutral in form and generally applied will be deemed constitutional, regardless of their adverse impact on certain religious practices.

Question 34

In Burwell v. Hobby Lobby (2015), the U.S. Supreme Court held that a closely held corporation could assert religious freedoms under the Religious Freedom Restoration Act (RFRA) in that it would not have to provide employee health-care coverage for contraceptives under the federal Affordable Care Act.

Question 35

The U.S. Supreme Court the Religious Freedom Restoration Act (RFRA) as it applied to the states, finding that the Act went beyond the constitutional authority of Congress to regulate state policy-making in matters affecting religious exercise.

Question 36

While serving in the First Congress under the new constitution, James Madison was appointed to the Select Committee on Constitutional Amendments, whose primary responsibility was to develop a Bill of ________ for the Constitution.

Question 37

James Madison wrote the 1785 publication entitled Memorial and Remonstrance Against ________ Assessments which was written in opposition to the General Assessment Bill that was proposed in 1784 by the Virginia State Assembly.

Question 38

The ________ approach to the First Amendment religion clauses is an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations.

Question 39

The separationist approach is a view of the religion clauses that generally asserts that government should remain ________ separate or removed from religious activity.

Question 40

To fully understand the scope of the religion clauses, one must appreciate how the U.S. ________ Court has interpreted and enlarged the critical terms of these provisions.

Question 41

The two religion clauses in the First Amendment are the Establishment Clause and Free ________ Clause.

Question 42

The Lemon test is a legal standard developed by the U.S. Supreme Court in 1971 to evaluate ________ Clause cases.

Question 43

The ________ test provides that government may not take action that makes it appears as though it is endorsing a particular faith.

Question 44

The neutrality test is an approach to free ________ cases adopted in Employment Division v. Smith (1990) that maintains that governmental policies that are neutral in form and generally applied will be deemed constitutional, regardless of their adverse impact on certain religious practices.

Question 45

The Religious Freedom Restoration Act (RFRA) is a law passed by Congress in 1993 that sought to reinstate the strict ________ standard for free exercise cases.

Question 46

Match the term its description .

-Religious Freedom Restoration Act

A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practices
C) individuals seeking to avoid war-time military service based on religious or other conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines: (1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizations
G) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations

Question 47

Match the term its description .

-compelling governmental interest test

A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practices
C) individuals seeking to avoid war-time military service based on religious or other conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines: (1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizations
G) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations

Question 48

Match the term its description .

-coercion test

A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practices
C) individuals seeking to avoid war-time military service based on religious or other conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines: (1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizations
G) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations

Question 49

Match the term its description .

-endorsement test

A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practices
C) individuals seeking to avoid war-time military service based on religious or other conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines: (1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizations
G) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations

Question 50

Match the term its description .

-Lemon test

A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practices
C) individuals seeking to avoid war-time military service based on religious or other conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines: (1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizations
G) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations

Question 51

Match the term its description .

-Free Exercise Clause

A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practices
C) individuals seeking to avoid war-time military service based on religious or other conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines: (1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizations
G) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations

Question 52

Match the term its description .

-Establishment Clause

A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practices
C) individuals seeking to avoid war-time military service based on religious or other conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines: (1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizations
G) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations

Question 53

Match the term its description .

-accommodationist approach

A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practices
C) individuals seeking to avoid war-time military service based on religious or other conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines: (1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizations
G) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations

Question 54

Match the term its description .

-separationist approach

A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practices
C) individuals seeking to avoid war-time military service based on religious or other conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines: (1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizations
G) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations

Question 55

Match the term its description .

-conscientious objectors

A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practices
C) individuals seeking to avoid war-time military service based on religious or other conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines: (1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizations
G) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations

Question 56

What role did James Madison play in the enactment of the Establishment Clause and Free Exercise Clause?

Question 57

Explain the difference between the accommodationist approach and the separationist approach to the First Amendment religion clauses.

Question 58

Explain the three tests used by the Court to interpret and apply the Establishment Clause.

Question 59

What does the neutrality test provide?

Question 60

What did Congress attempt with enactment of the Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act?

Question 61

Discuss your position on whether the Free Exercise Clause prohibits a state from regulating consenting adults from engaging in polygamy or plural marriage.

Question 62

Explain your position on whether the phrase "In God We Trust"
in currency violates the Establishment Clause? Explain your position.