POL_S 300 Lecture Notes - Lecture 2: Controlled Substances Act, Brady Handgun Violence Prevention Act, Lochner V. New York
Document Summary
The court decided the 84 act preempt the 96 act: city of bourne v. flores (1996) earlier case that gives context to this one is. After two drug counselors were fired they sought unemployment benefits. The state of oregon denied them of these benefits. They appealed to the court saying they are free to practice religion. Congress responds with rfra (religious freedom restoration act) 1993 (section 5 14th amendment). Anyone who has been religiously prosecuted has the right to bring it before the federal court. Where flores wanted to build he was denied because the state said it was historical grounds. The question was does congress exceed their section 5 powers of the fourteenth amendment. The court strikes this act down and says they cannot commandeer state legislatures and cannot regulate that which has and should be regulated by the federal function. 10th amendment protection saying states are sovereign from certain authority.
