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The Failure of the Religious Freedom Restoration Act Under Section 5 of the Fourteenth Amendment

37 Pages Posted: 1 Dec 2011  

William W. Van Alstyne

Duke University School of Law; William & Mary Law School

Date Written: 1996

Abstract

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

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

William Van Alstyne (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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