9/9/2023 0 Comments 14th amendment protection![]() ![]() First, who may Congress regulate? Second, what may Congress do? The debate over these issues that began in the late-nineteenth century continues to the present day.įirst, who may Congress regulate? In The Civil Rights Cases (1882), the Supreme Court struck down the provisions of the Civil Rights Act of 1875 that outlawed racial discrimination in a variety of private transactions, noting that Section One by its terms limits only the power of the states, and that therefore Section Five should not be read to provide Congress with the authority to regulate the activities of purely private parties. These decisions have focused on two primary issues. However, subsequent decisions have at times construed the Section Five power more narrowly. Whatever legislation is appropriate, that is, adapted to carry out the objects the amendments have in view, whatever tends to enforce submission to the prohibitions they contain, and to secure to all persons the enjoyment of perfect equality of civil rights and the equal protection of the laws against State denial or invasion, if not prohibited, is brought within the domain of congressional power. In Ex parte Virginia (1879), the Court declared: Initially, the Supreme Court gave a broad interpretation to Congress’s authority under Section Five. The scope of the power conferred by this provision has been a matter of considerable controversy. Howard explained, Section Five “enables Congress, in case the State shall enact laws in conflict with the principles of the amendment, to correct that legislation by a formal congressional enactment.”īy adding to the authority of Congress, Section Five changed the balance of power between the state and federal governments that is the hallmark of the federal system. ![]() Section Five of the Fourteenth Amendment vests Congress with the authority to adopt “appropriate” legislation to enforce the other parts of the Amendment-most notably, the provisions of Section One. ![]() The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave but all such debts, obligations and claims shall be held illegal and void. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But Congress may by a vote of two-thirds of each House, remove such disability. ![]() No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny to any person within its jurisdiction the equal protection of the laws. Amendment 14 Section 1 Section 2 Section 3 Section 4 Section 5Īll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. ![]()
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