Con Law Notes (1) 14th Amendment a. 5th Section b. First Amendment applies to only individuals, not the states. c. 13th Amend banned involuntary servitude. 14th Amend gave rights to the freed. d. City of Boerne v Flores Case: i. Religious Freedom restoration Act. ii. Congress Can “enforce” provisions (due process and equal protections) through “appropriate legislation”. 1. Enforce=congress enforcing the constitution as interpreted by the supreme court. 2. Why shouldn’t supreme court say congresses enforcement power s 3. For 14th Amendment purposes can never construe more broadly that court has 4. In order to for congress to interpret broadly, must be compelling national interest. 5. Cross reference to Commerce clause cases. Congress should only pass laws with findings of fact otherwise supreme court will keep striking down. This is dangerous because a law is its own justification because the representatives have been elected. iii. Can Congress define constitutional rights more broadly than court? 1. Court says if Congress can define its own power that makes the constitution useless. 2. This argument has a fallacy in that the supreme court defines its own power and jurisdiction under article 3. 3. Congress did not trust the court to define during the reconstruction. 4. Congress enforced the 13th amend by barring race discrimination in contracts. In the 13th amendment context the court has allowed congress to define its powers very widely. iv. Previous Law: Gov’t would have to show a compelling public interest and the law is the least restrictive means of regulation, if regulating a core religious belief. v. Congress invoked Section 5 of the 14th Amend, enforces due process clause which incorporates the 1st Amendment against the states and their subdivisions. vi. Hold: Denied – lack of a remedy and congress not enforcing what the court had said? 1. Power limited to remedial action??? 2. In this case by contrast congress has not amassed violence that there is a nationwide problem of states attacking states through zoning laws. Therefore the coverage of the statute is out of all proportion to any rational, remedial, or preventative goal. 3. Zoning laws are religiously neutral. (2) Morrison: Violence Against Women Act a.