CRM/LAW C122 Lecture Notes - Lecture 8: Strict Scrutiny, Boerne, Texas, Civil Rights Cases

• School: UC-Irvine
• Department: Criminology, Law and Society
• Course: CRM/LAW C122
• Professor: Han

Document Summary

Lecture 8 (limit 2 pages for small essay) Sec 5: does congress shave power to define rights that fall under 14th as fundamental liberties, sec 1 due process and equal protection clauses (substantive, sec 5 whether congress has power to define the rights that fall under. Does this by invoking rfra (it has to invoke sec 5) Why does(cid:374)"t sec 5 overturn marbury framers of constitution gave sp to in enforcing provisions of sec 1 and due to sec 5 (congress could only. Federalism redux: the voting rights cases cite early decision around federalism to justify and to give meaning to section 5. In south there was a lot of protocol and violence to obstruct voting (here section. 5 can step in allow sp: rfra is a disproportionate remedial idea, what protects religious freedom infringements (since no strict scrutiny) no general legislation but rather case by case (