City of Boerne vs. Flores
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  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  City of Boerne vs. Flores
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Question: The decision was...
#1
Consitutitonally sound
 
#2
Consitutitonally unsound
 
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Total Voters: 8

Author Topic: City of Boerne vs. Flores  (Read 4949 times)
I spent the winter writing songs about getting better
BRTD
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« on: November 19, 2007, 04:32:19 PM »

An interesting but not as discussed case:

http://en.wikipedia.org/wiki/City_of_Boerne_v._Flores
http://www.law.cornell.edu/supct/html/95-2074.ZS.html

Studied in my class. Personally I find that while Kennedy jumped through a few hoops in his majority opinion, Stevens' concurrence basically sums up my view on the case, and thus the decision was sound.
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DownWithTheLeft
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« Reply #1 on: December 02, 2007, 03:22:47 PM »

An interesting but not as discussed case:

http://en.wikipedia.org/wiki/City_of_Boerne_v._Flores
http://www.law.cornell.edu/supct/html/95-2074.ZS.html

Studied in my class. Personally I find that while Kennedy jumped through a few hoops in his majority opinion, Stevens' concurrence basically sums up my view on the case, and thus the decision was sound.
Yes, agreeing w/BRTD = sound decision
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Person Man
Angry_Weasel
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« Reply #2 on: December 04, 2007, 10:04:38 PM »

Basically telling Congress that they cannot state the law the court should use is perfectly reasonable, Congress was well within what it was given under Articles I, III and XIV S 5. It can define jurisdiction and can ratchet civil rights beyond the way the court has interpreted the constitution, though, at a practical level, they should of told the court how to do its job.
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I spent the winter writing songs about getting better
BRTD
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« Reply #3 on: August 10, 2008, 12:00:56 PM »

Hmmmm. Bump.

I'm wondering what Philip and Emsworth think of this one.
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Sam Spade
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« Reply #4 on: August 10, 2008, 01:06:12 PM »

I agree with the decision. 

I should note, however, that Congress passed a new law a few years ago entitled RLUIPA (which stands for something I can't remember) which gives religious organizations extra protection on local land use decisions (and one other thing that I forget).

So far it's been held ok as far as it's been challenged, but I think it's eventually USSC-bound, though I suspect it will pass under this decision because of its narrow scope.
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minionofmidas
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« Reply #5 on: August 10, 2008, 01:08:11 PM »

Looks reasonable to me.

Besides, Börne was born half a kilometer from here.
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Associate Justice PiT
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« Reply #6 on: August 10, 2008, 05:07:30 PM »

     Constitutionally sound. As Angry_Weasel pointed out, Congress doesn't have the authority to define the scope of the 14th Amendment Equal Protection clause.
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