Zusammenfassung der Ressource
G. Congress’ Power
under § 5 of the 14th
Amendment
- 14th amendment-SECTION 5. The
Congress shall have power to enforce,
by appropriate legislation, the
provisions of this article.
- a. § 5 of the 14th Amendment authorizes
Congress to adopt laws to enforce the 14th
Amendment
- i. Congress cannot create new
rights or expand the scope of rights
- ii. All that Congress can do is act to prevent
or remedy violations of rights already
recognized by the courts
- iii. Such laws must be narrowly tailored and
they must be proportionate and congruent to
remedying proven constitutional violations