Boerne vs. Flores

The Supreme Court has much to answer for these days, especially to conservatives, but Charles W. Colson (“Whose Constitution Is It?” Commentary, July 28) is wrong to add the recent decision in Boerne vs. Flores to the list.

The issue in that case was whether Congress has the power to redefine the limitations imposed on states by the 1st Amendment’s free exercise clause if the court has defined religious liberty in a way too narrow for Congress’ tastes. Since the 14th Amendment authorizes Congress “to enforce”--not “to define”--such limitations, the court was right to reject Congress’ effort at redefinition.

It is understandable why some conservatives might be unhappy with the court’s definition of the clause’s scope, but it is baffling why any conservative would want to encourage Congress to decide unilaterally how much power the Constitution gives it. That would greatly accelerate Congress’ already aggressive predilection for expanding the federal government’s power.

ROGER CLEGG, General Counsel, Center for Equal Opportunity, Washington