Congress, the Supreme Court, and Religious Liberty : The Case of City of Boerne V. Flores

In the case City of Boerne v. Flores, the Supreme Court struck down the Religious Freedom Restoration Act of 1993. Waltman offers the first book-length analysis of the act to show how this case contributes to an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution? In the landmark case City of Boerne v. Flores, the Supreme Court struck down a major federal statute-the Religious Freedom Restoration Act of 1993. This decision raised questions not only about religious freedom in America, but also about federalism and separation of powers. Using the narrative framework of a tense dispute that divided a small Texas town, Waltman offers the first book-length analysis of the constitutional jurisprudence involved in the passage of the act. Congress, the Supreme Court, and Religious Liberty shows how this case and others like it stimulated and advanced an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution? "In the landmark case City of Boerne v. Flores, the Supreme Court struck down a major federal statute--the Religious Freedom Restoration Act of 1993. This decision raised questions not only about religious freedom in America, but also about federalism and separation of powers. Using the narrative framework of a tense dispute that divided a small Texas town, Waltman offers the first book-length analysis of the constitutional jurisprudence involved in the passage of the act. Congress, the Supreme Court, and Religious Liberty shows how this case and others like it stimulated and advanced an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution?"--Provided by publisher. Front Matter....Pages i-viii Introduction....Pages 1-8 The Road to RFRA....Pages 9-30 Boerne, Texas, and St. Peter Apostolic Catholic Church....Pages 31-45 A Building Permit Denied....Pages 47-63 Separation of Powers and Federalism in the Rehnquist Court....Pages 65-78 The Federal District Court and the Court of Appeals....Pages 79-92 The Supreme Court Decision....Pages 93-124 Political Reaction....Pages 125-144 Back in Boerne....Pages 145-157 Conclusion....Pages 159-163 Back Matter....Pages 167-199