37 Pages Posted: 1 Dec 2011
Date Written: 1996
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.
Keywords: religion, Fourteenth Amendment, Congress power
Suggested Citation: Suggested Citation
Van Alstyne, William W., The Failure of the Religious Freedom Restoration Act Under Section 5 of the Fourteenth Amendment (1996). Duke Law Journal, Vol. 49, No. 2, 1996; William & Mary Law School Legal Studies Research Paper No. 09-174. Available at SSRN: https://ssrn.com/abstract=1966707