Professional Documents
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Post-Civil War Amendments - 13th [s. 2]; 14th to cover purely private conduct
have power to enforce this article by appropriate What powers does this actually grant Congress?
14th [s. 5]; 15th [s.2] that violates the 14th -
legislation."
- Significant because Congress must
use other means, such as the
13th - prohibits slavery & involuntary servitude 13th - applies to Private Actors & Government
Reconstruction gave us 13th, 14th, 15th Commerce Clause, to enforce
except as a means of punishment [unique insofar it - Congress has the power to pass laws prohibiting private
amendments which introduced distinctive prohibition of racial discrimination
is directed towards private individuals]. discrimination "Congress has the power to rationally determine
structure into the Constitution. -Why Katzenbach, Heart of Atlanta,
14th - applies ONLY to govt, not private action. what are the badges & incidents of slavery."
- Two main questions - Who can Congress Morrison are CC cases - Congress
regulate under these amendments? States or Most important, served as basis for most 14th - applies to Government had to use CC to enforce prohibition
private actors as well? legislation, generated most judicial and scholarly actors only! Cannot regulate private individuals. " No state against private individuals such as
- What is scope of these powers - how broad is attention; has three provisions against states [Due shall.." restaurants, hotels, etc.
power to enforce by appropriate legislation? Process, EP]. §5 has been used the most. - U.S. v. Morrison - Upholds state actor limitation. - Morrison - Solicitor General argued
15th - voting rights. - Why Katzenbach/Morrison/Heart of Atlanta CC cases. §5 after VAWA wasn?t upheld under
the commerce clause & if all cases
Nationalist, Broader Interpretation - Narrower, Federalist Interpretation - -14th limits federal power; §5 is a remedial power only, must be since the Civil Rights Cases
- 14th expands the scope of rights or creates new rights; used to remedy/fix/correct actual violations of 14th protections & other constitutional violations contradict that, they are based on
§5 can be used to proactively shape policy & expand recognized by SCOTUS; cannot interpret 14th to define or create new const rights or expand or contract incorrect interpretation and should be
protections beyond constitutional minimums; Congress scope of rights overruled or modified
has the power to interpret & create new rights. - Current state of the law under Boerne.
-Embodied in Katzenbach. -Congress can only enforce Constitutional rights SC has recognized or logically implicit in those rights. Congress may only legislate to prevent or remedy violations of rights
- Advanced by GOP in 1990s when trying to get RFRA -§5 does not give Congress power to expand 14th or create remedies for violations of rights SC not recognized by the Court ? must be ?congruence & proportionality?
passed. recognized between injury to be prevented & the means adopted. Congress'
power to enact remedial acts depends on a record or finding of
unconstituional acts exist - legislation must be C&P to constitutional
Katzenbach v. Morgan - NY voting law, could Congress violation.
legislatively overturn using Sec. 5 - Ct said fed law didn't - Congress cannot make substantive changes in governing law.
violate Const, Congress coequal branch w/ power to City of Boerne v. Flores [1997] - RFRA enacted in response to Smith decision
- MARBURY CASE - issue of whether Sec 5 allows Congress to independently & - Congress can enact preventative/protection measures to avoid
interpret Const, can make determinations of constitutionality threatened 14th amendment injuries.
to expand rights but cannot if they restrict rights. w finality interpret Const. substantive laws - passing RFRA told SC they were
wrong about its interpretation of Free Exercise Clause. - Congress cannot define injuries themselves. Congress can enact
Two views - administrative measures, but measures must be justified by current
-Congress can expand meaning of 14th to anything. - SC final arbitrator of the law, once it says what law is, that's it - "emphatically the
court's duty to say what the law is" - Congress canot independetly pass a law to needs (Shelby County v. Holder).
-Congress has additional resources allowing them to find,
recognize violations SC cannot & remedy them under §5 - tell SCOTUS they were wrong or independently enforce substantive laws.
not expanding power (this view helps align case to Boerne).