Re: Breaking news in federal RFRA case

[Hamilton02]

I hope the paragraph below was in jest.  Schedule I drugs are drugs that are considered to have no beneficial use and to be dangerous.  If children are drinking the DMT in the tea, they are the victims of child abuse.  I cannot believe that anyone on this list is willing to give a group a pass in abusing children just because it is religious. It is one thing for adults to choose to take such drugs, but quite another for that group to provide the drugs to children.   With respect to RFRA, it's error lies in its blind accommodation.  It is a blind handout to religion.  As I argue in God vs the Gavel, I have no problem with legislative accommodation, and in fact in many circumstances support it.  But to be legitimate, it must be passed pursuant to consideration of the public good (i.e., Congress fulfilled its constitutionally appointed duty to make policy choices) and not be merely, as RFRA was, a special interest gift.  I may disagree with the public policy balance, which is a wholly different matter.  Under RFRA, Congress shuffles those hard policy choices over to the courts.   The defenses of RFRA as responsible congressional enactment are formalistic in the extreme.   Marci     In a message dated 2/22/2006 6:19:26 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: I don’t know how important it is that minors drink the tea.  Why is drinking it per se bad for minors, or for anybody else?  It is only bad because Congress said it was, at least as a general proposition.  However, Congress can properly decide to allow for a little play in the joints, can’t it?  You seem to want to hem in Congress’ policy discretion on matters of this sort, and there is no Constitutional basis for doing so.  If Congress passes bad – but constitutional – laws, then the answer is to elect a different Congress.

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