Which statement explains why Justice Kennedy found
the RFRA unconstitutional?
RFRA is not a proper exercise of Congress' enforcement
power because it contradicts vital principles necessary to
maintain separation of powers and the federal-state
balance ...
All told, RFRA is a considerable congressional intrusion
into the States traditional prerogatives (rights) and
general authority to regulate for the health and welfare of
their citizens.
Justice Kennedy
Opinion of the Court
Boerne v. Flores
It violated the First Amendment and intruded on
religious freedom
O It upheld the First and Fourteenth Amendments.
O it violated separation of powers and intruded on
states' rights
It was a state law that took power away from the
federal government
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