Showing posts with label mnemonics. Show all posts
Showing posts with label mnemonics. Show all posts

Wednesday, June 9, 2010

Mnemonic Fail

For those unfamiliar with freedom of religion law, there's basically one magic Amendment (the First) and two magic clauses: the free exercise clause and the establishment clause.  Today in Barbri we were going over these clauses in about 5 minutes.  Which, I should mention, was a very different experience from my semester-long course on the two clauses (Church & State), but who's bringing little things like THAT up when the professor starts the lecture by advising you not to question or basically think for yourself in this area of the exam because the bar examiners don't like that and aren't looking for controversy, so just write down what he says and smile.

He goes over the free exercise clause in about 30 seconds (sorry, religion!) and then moved on to the three-part test for the Establishment Clause, which he had a handy little mnemonic for:  SEX.

1. S - a Secular purpose for the law is required
2. E - the primary Effect must be neither to advance nor inhibit religion, and
3. X - there must not be eXcessive government entanglement with religion.

In typing up my notes later I tried to come up with a way to associate sex with the establishment clause.  Sadly, I realized that the professor had squandered the mnemonic on the wrong clause.  Sex = free exercise!

However, I think there's still a link for the legitimate clause.  It just came to me!  AND it's actually appropriate for my feelings towards the bar:  Fuck the Establishment.

That's right, New York bar examiners - I'm talking to you.