study guide quiz 1 - PSC

study guide quiz 1 - PSC - ✯ congress cannot determine...

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City of Buerne v. Flores RFRA prohibits the gov from action that substantially burdens exercise of religion unless gov demonstrates both: 1. "compelling state interest" 2. "least restrictive means" relied on 14th amendment enforcement and remedial powersin section 5. supreme court disagrees not valid use of section 5 enforcement power nor valid use of section 5 remedial or preventative power
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Unformatted text preview: ✯ congress cannot determine substance/meaning of the clause ✯ incongruence between means and ends. ✯ Congress tried to legislate te meaning (the substance) of the free exerctse - - - BIG NO NO! violates seperation of powers. ✯ RFRF "out of proportion" and would have entailed excessive federal intrusion into every level of gov - - - Another BIG NO NO! violates federalism....
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