Implications
Boerne is important for several reasons. One of them is that it introduced a completely new test for deciding whether Congress had exceeded its section-five powers: the "congruence and proportionality" test, a test that has proven to have great importance in the context of the Eleventh Amendment. Another reason was that it explicitly declared that the Court alone has the ability to state which rights are protected by the Fourteenth Amendment. Yet another was that it had First Amendment consequences too, in that it spelled the end for any legislative attempts to overturn Employment Division v. Smith.
The "congruence and proportionality" requirement replaced the previous theory advanced in Katzenbach v. Morgan that the Equal Protection Clause is "a positive grant of legislative power authorizing Congress to exercise its discretion in determining the need for and nature of legislation to secure Fourteenth Amendment guarantees." Before the 1997 Boerne decision, Katzenbach v. Morgan was often interpreted as allowing Congress to go beyond, but not fall short of, the Court's interpretation of the Equal Protection Clause. But that is not how the majority opinion in Boerne interpreted Katzenbach:
| “ | There is language in our opinion in Katzenbach v. Morgan, 384 U.S. 641 (1966), which could be interpreted as acknowledging a power in Congress to enact legislation that expands the rights contained in § 1 of the Fourteenth Amendment. This is not a necessary interpretation, however, or even the best one.... If Congress could define its own powers by altering the Fourteenth Amendment's meaning, no longer would the Constitution be "superior paramount law, unchangeable by ordinary means." | ” |
The holding of Boerne said that only the Court could interpret the Constitution, in order to maintain the "traditional separation of powers between Congress and the Judiciary." Also, Boerne relied on arguments for protecting the rights that pertain to state governments based on "enumerated powers." The intent of Boerne was to prevent "a considerable congressional intrusion into the States' traditional prerogatives and general authority." The holding of Boerne specifically mentioned the state action doctrine of the Civil Rights Cases as a Court interpretation of the Equal Protection Clause that limits the "remedial or preventive" power of Congress.
Read more about this topic: City Of Boerne V. Flores
Famous quotes containing the word implications:
“The power to guess the unseen from the seen, to trace the implications of things, to judge the whole piece by the pattern, the condition of feeling life in general so completely that you are well on your way to knowing any particular corner of it—this cluster of gifts may almost be said to constitute experience.”
—Henry James (1843–1916)
“When it had long since outgrown his purely medical implications and become a world movement which penetrated into every field of science and every domain of the intellect: literature, the history of art, religion and prehistory; mythology, folklore, pedagogy, and what not.”
—Thomas Mann (1875–1955)
“Philosophical questions are not by their nature insoluble. They are, indeed, radically different from scientific questions, because they concern the implications and other interrelations of ideas, not the order of physical events; their answers are interpretations instead of factual reports, and their function is to increase not our knowledge of nature, but our understanding of what we know.”
—Susanne K. Langer (1895–1985)