The Failure of the Religious Freedom Restoration Act Under Section 5 of the Fourteenth Amendment
William W. Van Alstyne
Duke University School of Law; William & Mary Law School
Duke Law Journal, Vol. 49, No. 2, 1996
William & Mary Law School Legal Studies Research Paper No. 09-174
This article argues that the Religious Freedom Restoration Act (RFRA) is unconstitutional because it exceeds the limits of Congress's authorized powers. The RFRA requires interpreting Sections 5 of the Fourteenth Amendment as giving Congress the power to review and override the Supreme Court's decisions on any matter related to the states.
Number of Pages in PDF File: 37
Keywords: religion, Fourteenth Amendment, Congress power
Date posted: December 1, 2011
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