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

by Waltman, Jerold

• ISBN13: 9781137300638
• ISBN10: 1137300639
• Format: Hardcover
• Copyright: 2013-06-19
• Publisher: Palgrave Macmillan

Summary

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?

Author Biography

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).

Table of Contents

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