NewsHour: Too Much Freedom? – June 25, 1997

JIM LEHRER: Now, to NewsHour regular Stuart Taylor of the American Lawyer and Legal Times. And, of course, Stuart, the court ruled today in favor of the City of Boerne, right?

STUART TAYLOR, The American Lawyer: It did.

JIM LEHRER: On what grounds?

STUART TAYLOR: It held that the–this 1993 law exceeded Congress’s power by usurping the authority of the Supreme Court to say what the Constitution means, in this case say what the appropriate portion of the First Amendment protecting the free exercise of religion means and doesn’t mean and also by invading the reserve powers of state and local governments. The specific provision that Congress was relying on as giving it power to try and overturn this prior Supreme Court decision, in essence, was Section 5 of the 14th Amendment, the enforcement clause of this–the 14th Amendment, which incorporates a lot of the provisions of the Bill of Rights. And the court answered one of the big question marks of constitutional law because during the civil rights era the court upheld a lot of fairly far reaching laws, as Congress has broad power to enforce this, and the question has been: Does that power go so far as to let them overturn prior Supreme Court precedents, in effect, and the answer from the court today was pretty clearly no.

JIM LEHRER: And it was clear, was it not, that the majority opinion was written by Justice Kennedy. What did he say? Were the words strong and direct?