Religious Liberty Protection Act of 1998: Hearings Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, Second Session, on H.R. 4019, June 16 and July 14, 1998U.S. Government Printing Office, 2000 - 242 páginas |
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Página 2
... claim of a violation of the Free Exercise Clause , the government shall bear the burden of persuasion on all issues relating to the claim , except any issue as to the existence of the burden on religious exercise . ( b ) LAND USE ...
... claim of a violation of the Free Exercise Clause , the government shall bear the burden of persuasion on all issues relating to the claim , except any issue as to the existence of the burden on religious exercise . ( b ) LAND USE ...
Página 3
... claims against a religious organiza- tion , including any religiously affiliated school or university , not acting under color of law . ( c ) CLAIMS TO FUNDING UNAFFECTED . - Nothing in this Act shall create or pre- clude a right of any ...
... claims against a religious organiza- tion , including any religiously affiliated school or university , not acting under color of law . ( c ) CLAIMS TO FUNDING UNAFFECTED . - Nothing in this Act shall create or pre- clude a right of any ...
Página 7
... claims under section 3 , which enforces the Fourteenth Amendment . That override is squarely authorized by Justice Rehnquist's opinion in Fitzpatrick v . Bitzer . Fitzpatrick is re- affirmed in the 1996 case of Seminole Tribe v ...
... claims under section 3 , which enforces the Fourteenth Amendment . That override is squarely authorized by Justice Rehnquist's opinion in Fitzpatrick v . Bitzer . Fitzpatrick is re- affirmed in the 1996 case of Seminole Tribe v ...
Página 11
... claim need not show that it affects commerce all by itself ; it is enough to show that churches in the aggregate affect commerce . An individual need not show that his religious practice affects commerce all by itself ; it is enough to ...
... claim need not show that it affects commerce all by itself ; it is enough to show that churches in the aggregate affect commerce . An individual need not show that his religious practice affects commerce all by itself ; it is enough to ...
Página 12
... claim of religious liberty . This provision facilitates enforcement of the constitutional right as the Supreme Court ... claims remains uncertain . Burden of persuasion matters only when the court is uncertain , but , as these examples ...
... claim of religious liberty . This provision facilitates enforcement of the constitutional right as the Supreme Court ... claims remains uncertain . Burden of persuasion matters only when the court is uncertain , but , as these examples ...
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Términos y frases comunes
14th Amendment affecting commerce application believe bill Boerne decision building CANADY Center church City of Boerne Civil Rights Act civil rights laws claims Commerce Clause commerce power congregation Congress congressional constitutional denominations discrimination DURHAM EISGRUBER Employment Division enacted enforce Establishment Clause exemptions FARRIS federal Flores Fourteenth Amendment Free Exercise Clause Freedom Restoration Act gious hearing Illinois impact issue Jehovah's Witnesses Justice land use regulation Laycock legislation Liberty Protection Act litigation Lopez Mauck Memorial and Remonstrance NADLER Notary Public percent Presbyterian problem Professor Professor Hamilton programs protect religious question reason reli religious activity religious exercise religious freedom Religious Freedom Restoration religious groups Religious Liberty Protection religious organizations religious practices RFRA RLPA RLPA's SCOTT Section secular special use permit Spending Clause spending power standard statute strict scrutiny substantial burden Supreme Court Thank tion violation worship
Pasajes populares
Página 83 - The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.
Página 137 - At the same time the candid citizen must confess that if the policy of the government upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Página 15 - We think that Congress may, in determining what is "appropriate legislation" for the purpose of enforcing the provisions of the Fourteenth Amendment, provide for private suits against States or state officials which are constitutionally impermissible in other contexts.
Página 124 - And they that shall be of thee shall build the old waste places : thou shalt raise up the foundations of many generations ; and thou shalt be called, The repairer of the breach, The restorer of paths to dwell in.
Página 110 - And let us consider how we may spur one another on toward love and good deeds. Let us not give up meeting together, as some are in the habit of doing, but let us encourage one another — and all the more as you see the Day approaching.
Página 83 - ... purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.
Página 11 - ... the possession of a gun in a local school zone is in no sense an economic activity that might, through repetition elsewhere, have such a substantial effect on interstate commerce. Section 922(q) is a criminal statute that by its terms has nothing to do with "commerce" or any sort of economic enterprise, however broadly those terms are defined.
Página 16 - Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 US 520, 524 ("conduct motivated by religious beliefs"); id.
Página 16 - Before the Subcomm. on Civil and Constitutional Rights of the House Comm. on the Judiciary, 102d Cong., 2d Sess.
Página 37 - Congress. And the State itself, rather than challenging the germaneness of the condition to federal purposes, admits that it has never contended that the congressional action was unrelated to a national concern in the absence of the Twenty-first Amendment. Indeed, the condition imposed by Congress is directly related to one of the main purposes for which highway funds are expended — safe interstate travel.