Title Congress, the Supreme Court, and religious liberty : the case of City of Boerne V. Flores

Published Basingstoke : Palgrave Macmillan, 2013

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Description 1 online resource (212 pages) 4 black and white, illustrations Contents Acknowledgments; Introduction; Chapter 1: The Road to RFRA; Reynolds v. United States: Belief versus Action; Incorporation: Cantwell v. Connecticut; The Compelling Interest Test; Employment Division, Department of Human Resources of Oregon v. Smith: The Compelling Interest Test Overturned; The Religious Freedom Restoration Act; Chapter 2: Boerne, Texas, and St. Peter Apostolic Catholic Church; Chapter 3: A Building Permit Denied; Chapter 4: Separation of Powers and Federalism in the Rehnquist Court; Separation of Powers and the Problem of Constitutional Interpretation; Federalism ConclusionChapter 5: The Federal District Court and the Court of Appeals; The Framework of the Act; Precedents; The "One Way Ratchet" Theory; Belgard v. Hawaii; The Court of Appeals; Chapter 6: The Supreme Court Decision; The Written Briefs; Oral Argument; The Decision of the Supreme Court; Chapter 7: Political Reaction; State RFRAs; The Religious Liberty Protection Act; The Death of RLPA; The Religious Land Use and Institutionalized Persons Act (RLUIPA); RFRA and the Federal Government; Chapter 8: Back in Boerne: Compromising to Build a Church; Chapter 9: Conclusion; Notes; Bibliography Summary 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? Notes Jerold Waltman is the R.W. Morrison Professor of Political Science at Baylor University, USA and editor of the Journal of Church and State. He is the author of seven other books, including Religious Liberty and Contemporary American Politics: The Saga of the Religious Land Use and Institutionalized Persons Act of 2000 (2011) Electronic book text Epublication based on: 9781137300638, 2013 1. The Road to RFRA 2. Boerne, Texas and St. Peter Apostolic Catholic Church 3. A Building Permit Denied 4. Separation of Powers and Federalism in the Rehnquist Court 5. The Federal District Court and the Court of Appeal 6. The Supreme Court Decision 7. Political Reaction 8. Back in Boerne Review: TO COME Subject Freedom of religion -- United States Religion and law -- United States Legal history -- c 1945 to c 2000 (Post-war period) -- USA -- 21st century. Religious freedom -- freedom of worship -- c 1945 to c 2000 (Post-war period) -- USA -- 21st century. Law. Freedom of religion Religion and law Legal history -- United States of America, USA -- Later 20th century c 1950 to c 1999 -- 21st century, c 2000 to c 2100. Human rights, civil rights -- United States of America, USA -- Later 20th century c 1950 to c 1999 -- 21st century, c 2000 to c 2100. Law. SUBJECT Boerne (Tex.) -- Trials, litigation, etc Subject Texas -- Boerne United States Genre/Form Trials, litigation, etc. Form Electronic book ISBN 9781137300645 1137300647 1306285011 9781306285018

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