Article:
Scott C. Idleman, The Religious Freedom Restoration Act: Pushing the Limits of Legislative Power, 73 TEXAS L. REV. 247 (1994).
 

Abstract:
The Religious Freedom Restoration Act (RFRA) was enacted to create a statutory right to religious liberty. However, according to Idleman, the existing free exercise doctrine and current culture suggest that the RFRA will enable courts to construe the act narrowly to defeat the congressional intent. Furthermore, the author raises two potential constitutional objections to the RFRA: the RFRA may violate the Establishment Clause, and it may exceed Congress’ enforcement powers under Section Five of the Fourteenth Amendment by overriding the Supreme Court’s interpretation of the Free Exercise Clause. Additionally, Idleman points out the drawbacks of codifying religious freedom, the future implications of the RFRA to the Establishment Clause, and the discouragement of religious protections through alternative legal channels, including state law.