Enforcement Clause
E13969
The Enforcement Clause is the provision of the Fourteenth Amendment that grants Congress the power to pass legislation implementing and protecting the amendment’s guarantees of due process and equal protection.
Observed surface forms (1)
| Surface form | As subject | As object |
|---|---|---|
| Enforcement Clause of the Fourteenth Amendment | 0 | 1 |
Statements (41)
| Predicate | Object |
|---|---|
| instanceOf |
clause of the United States Constitution
→
constitutional provision → |
| alsoKnownAs | Section 5 of the Fourteenth Amendment → |
| appliesTo | provisions of the Fourteenth Amendment → |
| basisFor |
42 U.S.C. § 1983
→
Civil Rights Act of 1871 → Civil Rights Act of 1964 →
surface form:
Civil Rights Act of 1964 (in part)
Voting Rights Act of 1965 → various federal civil rights statutes → |
| constitutionalArticle |
Fourteenth Amendment
→
surface form:
Amendment XIV of the United States Constitution
|
| constitutionalFunction | to provide an express enforcement mechanism for the Fourteenth Amendment → |
| distinguishedFrom |
Necessary and Proper Clause
→
Spending Clause → |
| enables | federal protection of civil rights against state action → |
| grantsPowerTo | United States Congress → |
| grantsPowerType |
enforcement power
→
legislative power → |
| historicalContext | Reconstruction Amendments → |
| interpretedBy | Supreme Court of the United States → |
| jurisdiction | United States federal law → |
| legalEffect |
confers enforcement power on Congress
→
permits Congress to enact prophylactic civil rights legislation → permits Congress to enact remedial civil rights legislation → |
| limits | cannot redefine the substantive scope of Fourteenth Amendment rights as interpreted by the Supreme Court → |
| locatedInText | Section 5 of the Fourteenth Amendment → |
| partOf |
Fourteenth Amendment
→
surface form:
Fourteenth Amendment to the United States Constitution
|
| purpose |
to authorize Congress to enforce the Fourteenth Amendment
→
to implement the guarantees of due process → to implement the guarantees of equal protection of the laws → |
| relatedTo |
Due Process Clause
→
surface form:
Due Process Clause of the Fourteenth Amendment
Equal Protection Clause →
surface form:
Equal Protection Clause of the Fourteenth Amendment
Privileges and Immunities Clause →
surface form:
Privileges or Immunities Clause of the Fourteenth Amendment
|
| scope | to enforce all provisions of the Fourteenth Amendment → |
| standardArticulatedIn |
City of Boerne v. Flores
→
surface form:
City of Boerne v. Flores congruence and proportionality test
|
| text | The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. → |
| usedInCase |
City of Boerne v. Flores
→
Katzenbach v. Morgan → Shelby County v. Holder → South Carolina v. Katzenbach → The Civil Rights Cases (1883) → United States v. Morrison → |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Enforcement Clause of the Fourteenth Amendment
subject surface form:
Fourteenth Amendment to the United States Constitution