13. First Amendment - IV. Freedom of Association & Religion Flashcards Preview

MBE - Constitutional Law > 13. First Amendment - IV. Freedom of Association & Religion > Flashcards

Flashcards in 13. First Amendment - IV. Freedom of Association & Religion Deck (5)
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1

To prohibit or punish group membership, what must government prove?

Person actively affiliated with the group knowing of its illegal activities with the specific intent of furthering those activities

AND

Must meet strict scrutiny

2

In what two instances will it be unconstitutional for government to prohibit a group from discriminating as to who to admit?

Regulation interferes with:

1. Intimate association, i.e. small group want to keep membership small, or

2. Expressive activity, e.g. Nazi party can exclude Jews, KKK can exclude 

3

What kind of laws cannot be challenged using the free exercise clause?

Neutral laws of general applicability, i.e. not targeting relgiion

4

Under the free exercise clause, what two things can government not do?

1. Deny benefits to people who quit jobs for religious reasons

2. Hold religious institution liable for who it picks as ministers

5

What are the three prongs of the Lemon test?

1. Must be a secular purpose for the law

2. Effect must neither advance nor inhibit religion

3. Must not be excessive entanglement with religion