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 . . . ."

Accepted Answer

This quotation is from the Supreme Court decision in Employment Division v. Smith, which addressed the limits of religious freedom in the context of laws applicable to everyone. The Court ruled that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use was part of a religious ritual.

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?

Accepted Answer

The non-denominational test is not a recognized mode of analysis used by the Court for reviewing alleged violations of the Establishment Clause. The coercion test, endorsement test, and Lemon test are all established methods for such analysis.

Question 3

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

Accepted Answer

The accommodationist view of the Establishment Clause suggests that the government can support religion as long as it does not favor one religion over another or force people to participate in religious activities. This view allows for a greater interplay between government and religion compared to other interpretations that advocate for strict separation.

Question 4

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

Accepted Answer

Between 1963 and 1990, the Court used the strict scrutiny standard to evaluate free exercise claims, requiring the government to show a compelling interest and that the law was narrowly tailored to achieve that interest.

Question 5

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

Accepted Answer

The Lemon test does not require that a law give equal access to all religions; it focuses on secular purpose, primary effect, and avoiding excessive entanglement with religion.

Question 6

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

Accepted Answer

The "Memorial and Remonstrance against Religious Assessments" is a document written by James Madison that argues against state-supported religion and is often referenced in discussions about the religion clauses of the First Amendment.

Question 7

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

Accepted Answer

City of Boerne v. Flores limited Congressional efforts to restore strict scrutiny analysis in free exercise cases by ruling that the Religious Freedom Restoration Act (RFRA) exceeded Congress's power under the Fourteenth Amendment.

Question 8

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

Accepted Answer

The Court's decision in Lee v. Weisman is best known for applying the Coercion Test, as it focused on the coercive nature of school-sponsored prayer at a graduation ceremony.

Question 9

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

Accepted Answer

The Religious Freedom Restoration Act (RFRA) was passed by Congress in 1993 in response to the Supreme Court's decision in Employment Division v. Smith. The RFRA aimed to ensure that interests in religious freedom are protected by requiring that laws that may restrict such freedom must demonstrate a compelling governmental interest and be narrowly tailored to achieve that interest.

Question 10

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

Accepted Answer

The Coercion test reflects the most accommodationist approach toward the Establishment Clause because it allows for more government involvement with religion as long as it does not coerce individuals into participating in religious activities. This approach is more permissive compared to others like the Lemon test, which has stricter criteria for government action in relation to religion.

Question 11

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

Accepted Answer

The Lemon test, established in the case Lemon v. Kurtzman (1971), is considered the most separationist approach toward the Establishment Clause of the First Amendment. It requires that a law must have a secular legislative purpose, not advance or inhibit religion, and not result in an "excessive government entanglement" with religion. This test sets a high bar for separation between church and state, more so than the other tests listed.

Question 12

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

Accepted Answer

The Strict Scrutiny test is the most accommodationist approach as it requires the government to have a compelling interest and to use the least restrictive means when a law burdens religious exercise.

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?

Accepted Answer

Reynolds v. United States (1878) is the case where the Supreme Court upheld a law prohibiting polygamy, rejecting the argument that the law infringed upon the religious freedom of Mormons who practiced polygamy. The Court ruled that the First Amendment protected religious belief, but not practices that were judged to be criminal such as polygamy.

Question 14

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

Accepted Answer

Newdow v. United States is the case that involved an Establishment Clause challenge to the "under God" provision within the Pledge of Allegiance. Michael Newdow argued that the inclusion of "under God" in the Pledge of Allegiance violated the Establishment Clause of the First Amendment, which prohibits the government from making any law "respecting an establishment of religion."

Question 15

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

Accepted Answer

In Van Orden v. Perry, the Supreme Court upheld the constitutionality of a monument displaying the Ten Commandments on the Texas State Capitol grounds, distinguishing it as a historical and educational display rather than an endorsement of religious doctrine.

Question 16

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

Accepted Answer

Cutter v. Wilkinson is the case in which the Supreme Court upheld portions of the Religious Land Use and Institutionalized Persons Act of 2000, specifically regarding the rights of institutionalized persons to practice their religion.

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?

Accepted Answer

The term "Conscientious Objector" is used to describe an individual who seeks exemption from military service on the grounds of freedom of thought, conscience, or religion.

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?

Accepted Answer

Hobby Lobby v. Burwell is the case where the U.S. Supreme Court held that closely held corporations could assert religious freedoms under the RFRA, allowing them to be exempt from providing employee health-care coverage for contraceptives under the Affordable Care Act.

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?

Accepted Answer

Lynch v. Donnelly (1984) applied the Lemon test and ruled that the inclusion of a crèche in a Christmas display did not violate the Establishment Clause, as it had a legitimate secular purpose and did not primarily advance religion.

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?

Accepted Answer

Lee v. Weisman (1992) held that a prayer at a public-school graduation ceremony violated the Establishment Clause of the First Amendment, as it coerced students to participate in a religious exercise.

Quiz 10: Religion and the Constitution