Kennedy as the Lens Through Which to View All EC Jurisprudence

 Remember, the Lemon/Endorsement test is no more, and the Court has replaced it with the Kennedy Test:

 In place of Lemon and the endorsement test, this Court has instructed that the Establishment Clause must be interpreted by “ ‘reference to historical practices and understandings.’ ” An analysis focused on original meaning and history, this Court has stressed, has long represented the rule rather than some “ ‘exception’ ” within the “Court’s Establishment Clause jurisprudence.”

As we read cases such as American Legion, Chambers, and Town of Greece we will see this test at work. The test already existed in legislative prayer and passive display cases, and now in Kennedy the test has been generalized as the test for all EC cases. Kennedy is a landmark case, it is now the case to look to when analyzing all issues arising under the EC.