Here is how one commentator describes the secular purpose requirement under the Lemon test:
"The secular purpose element of the Lemon test requires that a law have a nonreligious purpose. This does not mean that the sole purpose of a challenged law must be secular, but only that the government must articulate a nonfrivolous secular purpose for the law. Thus, a law that is passed, in part, to advance religious doctrine is not necessarily invalid under this element if there is also a secular purpose for the law. In general, the Court tends to be deferential toward the government in applying this element. However, if the facts establish that the sole or predominant purpose of a law is religious, the Court will strike down the law on this basis."
Is the "purpose" prong of Lemon a structural limitation on government or is it a "liberty-advancing" test?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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