RFRA and the fedl. govt.
AGREENE at MAIL.LAWNET.FORDHAM.EDU
Wed Jan 15 11:35:08 PST 1997
What Chip Lupu and Dan Conkle say make sense (bracketing the
Estab. Cl. issue, Congress may craft religious exemptions pursuant to
various fonts of power -- commerce, bankruptcy, etc.). However, the
manner of doing this might matter. If Congress says "we're using section
5 of the 14th Amendment to write RFRA, and to apply to it the federal
govt. and state govts.," then perhaps we have to ask whether section 5
authorizes this, even as to the federal govt.
There's a question of political economy underlying this -- It's not clear
that the same votes would exist to craft religious exemptions onto zillions
of separate federal statutes.
So...Lupu/Conkle make sense, but I find the question more
-- Abner Greene, Fordham Univ. School of Law
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