Constitutional Law Mnemonics
Monday, July 6th, 2009Lemon test = Lemon pie
secular Purpose=P
advance or Inhibit=I
Entanglement=e.
Establishment Clause (“sex”)
S-ecular Purpose
E-effect (must not be to advance religion)
X-No Xcessive entanglement with goverment
Miller Test (“pp slap”)
P-purient interest
P-patently offensive
SLAP – lacks any serious Social, Literary, Artistic, Political value “SLAP”
PUSH
Test to see if a state statute is pre-empted by Federal law if it’s not made explicit:
Check for:
P (Pervasiveness of Regulation)
U (Uniformity of Regulation Desired)
S (Similarity of Regulation)
H (History of how that area has been regulated)
