PSCI 3322 Lecture Notes - Lecture 26: Fourteenth Amendment To The United States Constitution, Sherbert V. Verner
25 Jan 2017
School
Department
Course
Professor
Document Summary
Church says: there is no compelling justification to expand the church: carve out an exception for us in the historical district since rfra allows us. Court says: religious freedom restoration act is unconstitutional. Affirmative authority for the law is section 5 of the 14th amendment. Congress shall have power by appropriate law to enforce the 14th amendment. Court says that means congress has the power to pass laws under the 14th amendment to remedy constitutional violations under the 14th amendment. But rfra is not a remedy, it is a change in constitutional rights not a remedy: meaning of constitution is secular rule, this law is saying that the meaning of the clause if the modified secular rule. But saying that free exercise is the modified secular rule. Congress is interpreting the constitutional right, not their job: a separation of powers issue as well. But congress ahs the power to determine the rules of federal judicial procedure.
