Question

According to the Lemon Test, should the Supreme Court find the law constitutional or unconsitutional , and why?

Answer 1

Unconstitutional, as it promotes religion and amounts to an establishment of religion by the state (APEX)

Answer 2

According to the Lemon Test, the Supreme Court should find a law constitutional or unconstitutional. Lemon Test refers to the process of determining when a law is establishing religion. It was formulated in Lemon v. Kurtzman and it ruled three requirements for government's action:

1. must have a secular legislative purpose;

2. must not have the effect of either advancing or inhibiting religion; and

3. must not result in an "excessive government entanglement" with religion.

This test states that if any of those requirements are violated the law can be found unconstitutional.