Question

Which statements describe the reasons why the Supreme Court found the RFRA to be unconstitutional? Choose three correct answers.
Responses

Congress had given states too much freedom to interpret the First Amendment.
Congress had given states too much freedom to interpret the First Amendment. - this question requires at least 3 answers

Congress had changed the meaning of the First Amendment, rather than enforcing it.
Congress had changed the meaning of the First Amendment, rather than enforcing it. - this question requires at least 3 answers

Congress had created a law that was not proportional to the problem it was fixing.
Congress had created a law that was not proportional to the problem it was fixing. - this question requires at least 3 answers

Congress had not taken strong enough action to interpret the First Amendment.
Congress had not taken strong enough action to interpret the First Amendment. - this question requires at least 3 answers

Congress had taken away states’ rights by passing the RFRA.
Congress had taken away states’ rights by passing the RFRA. - this question requires at least 3 answers
This question requires at least 3 answers.
This question requires at least 3 answers.

Answer 1

The correct three are:

- Congress had changed the meaning of the First Amendment, rather than enforcing it.
- In City of Boerne v. Flores, the Court held Congress attempted to redefine the scope of free-exercise rights instead of merely enforcing a judicially recognized constitutional right.

- Congress had created a law that was not proportional to the problem it was fixing.
- The Court applied the “congruence and proportionality” test under Congress’s Section 5 enforcement power and found RFRA’s nationwide remedy exceeded what was necessary to remedy constitutional violations.

- Congress had taken away states’ rights by passing the RFRA.
- The Court concluded RFRA improperly intruded on state sovereignty and exceeded Congress’s authority to regulate state action under the Fourteenth Amendment.