Venue: |
SCOTUS
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Facts: |
Catholic diocise wants to enlarge a historic church. Blocked by
zoning. |
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Posture: |
Suits under RFRA saying the denial blocks free exercise. |
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Issue: |
Is RFRA enforceable under the constitution? |
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Holding: |
No. |
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Rule: |
Legislation which alters the meaning of the Free Exercise Clause
cannot be said to be enforcing the clause. |
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Reasoning: |
The act puts sort of a strict scrutiny-style test on anything that
might impede free exercise, and tries to put things back to
pre-Employment Division v. Smith days. Congress doesn't
have the power to decree the meaning of 14A § 5; if it
did, then the Constitution would no longer be superior paramount
law. |
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Dicta: |
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