Section 5 of the Fourteenth Amendment does not permit Congress to substantially increase the scope of the rights determined by the judiciary. Congress may only enact remedial or preventative measures that are consistent with the Fourteenth Amendment interpretations of the Supreme Court. Decided June 25, 1997 (argued February 19, 1997). Opinion of the Court: Anthony Kennedy → go there Dissenting: O'Connor, Souter, Breyer. Applied: the First Amendment → go there Applied: the Fourteenth Amendment → go there Topic: Power of Congress to enforce civil rights. City of Boerne v. Flores, 521 U.S. 507 (1997), is a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation. Wiki link