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Article: HIGH COURT RULING ABOUT POWER, NOT RELIGIOUS FREEDOM.(NEWS)
- Article from:
- The Cincinnati Post (Cincinnati, OH)
- Article date:
- June 30, 1997
CopyrightCOPYRIGHT 1997 The Cincinnati Post. All rights reserved. Reproduced with the permission of Dialog LLC by Gale Group. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Byline: George Will
WASHINGTON -- The overheated title Congress gave to the Religious Freedom Restoration Act of 1993 causes some excitable people to conclude that the Supreme Court's overturning of it means that religious freedom is in peril. Actually, it primarily means that Congress cannot dictate what the Constitution means.
In declaring the Religious Freedom Restoration Act unconstitutional the Court simply declined to share the power it has wielded since 1803. That was when Chief Justice John Marshall, in Marbury v. Madison, grounded judicial review in the insistence that it is ''emphatically the province and duty of the judicial department to say ...