well they forgot to tell Billy boy Clinton that one
One more time
Volume 9 Numbers 2-3
SUPREME COURT RULES THAT RELIGIOUS FREEDOM RESTORATION ACT EXCEEDS CONGRESS' POWER
On June 25, 1997, in a 6-3 decision,
Boerne v. Flores, No. 95-2074, the Supreme Court ruled that Congress' enactment of the Religious Freedom Restoration Act exceeded its power under section 5 of the Fourteenth Amendment and found the Act uncons titutional.
The decision placed important limitations on the authority of Congress to use Section 5 of the 14th Amendment ("The Congress shall have power to enforce [the Amendment] by appropriate legislation...") to expand the definition of personal righ ts. Its exercise of such authority in the voting rights arena had been upheld by the Supreme Court in the 1960's.
Background
On November 16, 1993, President Clinton signed into law the Religious Freedom Restoration Act to overturn the Supreme Court's decision in
Employment Division of Oregon v. Smith in which the Court held that the state of Oregon was free "to i nclude religiously inspired peyote use within the reach of its general criminal prohibition on use of that drug, and thus permitted the State to deny unemployment benefits to persons dismissed from their jobs because of such religiously inspired use." ;
.....
Summary
As to the question of whether the
Smith decision was properly decided: six Justices respond in the affirmative (Rehnquist, Stevens, Scalia, Kennedy, Thomas, and Ginsburg). Justice O'Connor says no, and Justices Breyer and Souter wanted to hear further argument.
On the issue whether Congress had the authority under section 5 of the Fourteenth Amendment to overturn
Smith, all justices who addressed the issue (5) answered in the negative.
The Constitution Subcommittee of the House Judiciary Committee has held hearings on whether to push for legislation or a constitutional amendment to counter the Court decision striking down the RFRA. Religious leaders who testified at a hearing before the Subcommittee generally called for caution in pushing for a constitutional amendment and suggested that a more narrowly written law tied to Congress' authority to regulate interstate commerce and to control Federal spending could protect religious fre edom and pass constitutional muster. Some legal authorities, however, do not believe that the court has left much room for a legislative fix.
SUPREME COURT RULES THAT RELIGIOUS FREEDOM RESTORATION ACT EXCEEDS CONGRESS POWER