Section 5 of the Fourteenth Amendment

E85762

constitutional provision enforcement clause

Section 5 of the Fourteenth Amendment, known as the Enforcement Clause, grants Congress the power to pass legislation to uphold the amendment’s guarantees of equal protection and due process.

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Statements (45)

Predicate	Object
instanceOf	constitutional provision ⓘ enforcement clause ⓘ
adoptedWith	Fourteenth Amendment ⓘ surface form: Fourteenth Amendment to the United States Constitution
adoptionDate	1868 ⓘ
alsoKnownAs	Enforcement Clause ⓘ surface form: Enforcement Clause of the Fourteenth Amendment
appliesTo	state governments ⓘ state officials ⓘ
basisFor	congressional abrogation of Eleventh Amendment immunity in certain civil rights statutes ⓘ federal remedies against state discrimination ⓘ
constitutionalAuthorityFor	Civil Rights Act enforcement provisions ⓘ Voting Rights Act of 1965 ⓘ federal civil rights legislation ⓘ
constitutionalFunction	to ensure effectiveness of Fourteenth Amendment guarantees ⓘ
constitutionalLocation	Article XIV, Section 5, United States Constitution ⓘ
constrains	Congress by congruence and proportionality requirement as interpreted by the Supreme Court ⓘ
distinguishedFrom	judicial power to interpret the Fourteenth Amendment ⓘ
doesNotGrant	general power to redefine the scope of Fourteenth Amendment rights ⓘ
enforces	Due Process Clause ⓘ Equal Protection Clause ⓘ Privileges and Immunities Clause ⓘ surface form: Privileges or Immunities Clause Section 1 of the Fourteenth Amendment ⓘ
grantsBranchPower	legislative branch ⓘ
grantsPowerTo	United States Congress ⓘ
historicalContext	Reconstruction era ⓘ surface form: Reconstruction Era
interpretedByCase	Board of Trustees of the University of Alabama v. Garrett ⓘ City of Boerne v. Flores ⓘ Katzenbach v. Morgan ⓘ Nevada Department of Human Resources v. Hibbs ⓘ Shelby County v. Holder ⓘ South Carolina v. Katzenbach ⓘ Tennessee v. Lane ⓘ United States v. Morrison ⓘ
jurisdiction	United States of America ⓘ surface form: United States
languageCharacter	broad grant of enforcement authority ⓘ
legalEffect	authorizes Congress to enact remedial and preventive legislation ⓘ
limitsDescribedIn	City of Boerne v. Flores congruence and proportionality test ⓘ
partOf	Fourteenth Amendment ⓘ surface form: Fourteenth Amendment to the United States Constitution
purpose	to authorize Congress to enforce the provisions of the Fourteenth Amendment ⓘ
relatedTo	Fifteenth Amendment Enforcement Clause ⓘ Thirteenth Amendment ⓘ surface form: Thirteenth Amendment Enforcement Clause
requires	appropriate legislation standard ⓘ
scope	enforcement of all provisions of the Fourteenth Amendment ⓘ
text	The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ⓘ
typeOfPower	enforcement power ⓘ
usedToAbrogate	state sovereign immunity in some contexts ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Enforcement Clause → alsoKnownAs → Section 5 of the Fourteenth Amendment ⓘ