EC Tests

The Court's EC doctrine is not clear. There is no single test the Court applies consistently. Here are some of the tests we will see in the caselaw:

1. Original Meaning
2. Historical
3. Lemon
4. Coercion (actual coercion)
5. Coercion (psycho-coercion or "killing me softly" coercion)
6. Endorsement Test (a version of the Lemon test)
7. "Grandfather" Test          
8. The no-test test ("reasoned judgment").    

Try to identify these tests when you see them in the opinions.