Professor Marci A. Hamilton, TESTIMONY TO THE SENATE COMMITTEE ON THE JUDICIARY S. 1248, The Religious Liberty Protection Act of 1998

This is my testimony in opposition to the Religious Liberty Protection Act (introduced after Boerne and never passed, but the testimony re RLPA was used to defend RFRA and RLUIPA)

Professor Marci A. Hamilton, THE RELIGIOUS FREEDOM RESTORATION ACT IS UNCONSTITUTIONAL, PERIOD, 1 U. Pa. J. Const. L. 1 (1998)

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Boerne stands for the proposition that the Court's role in interpreting the Constitution was not undermined or lessened as a result of the enactment of the Fourteenth Amendment. … The law is only triggered when religious conduct is burdened by a generally applicable and neutral law.