Con Law - Enforcement Power

14th Amendment

(extends only to state action) a. Section 1. All 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. No state shall make or enforce any law which shall abridge <b> the privileges or immunities </b> of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, <b> without due process of law </b>; nor deny to any person within its jurisdiction the <b> equal protection of the laws. </b> b. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

15th Amendment

(extends only to state action) a. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. b. Section 2. The Congress shall have power to enforce this article by appropriate legislation.

13th Amendment -

(prohibits private, as well as state conduct) a. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. b. Section 2. Congress shall have power to enforce this article by appropriate legislation.

Hinge Questions

1) can government regulate private conduct that has no gov't sponsorship a. Civ Rights cases b. Morrison 2. 2) Does scope of Congress's power permit them to interpret the constitution, and even overrule S.Ct. issues? a. Katzenbach v. Morgan b. City of Boerne v. Flores (1997) c. Board of Trustees of Univ. of AL v. Garrett d. US v. Morrison e. NV Dept of Human Resources v. Hibbs

Board of Trustees of Univ. of AL v. Garrett (Chief J. Rehnquist 2001)

1) states aren't required under 14 to make special accommodation for disabled so long as actions are rational i.accommodations have to come under positive law not the EPC 2) Congress fails to show history of discrimination so - fails congruence and proportionality i. distinguished from VRA of '65 which responded to specific systemic problem ii.Congress is final on desirable public policy - but money damages against states is a proportionately high mark

City of Boerne v. Flores (Kennedy 1997) Rationale

Congruence and Proportionality Test: There must be congruence and proportionality between injury prevented or remediated and means of the end. Rule: Rejects Substitutive theory of enforcement.

US v. Morrison

Fed Civil remedy for gender-based crime ruled as violating 14 §5 as lacking "congruence and proportionality" between the injury prevented or remedial here adopted because 1) targeted individuals and 2) used statics from 21 States.

Katzenbach v. Morgan (J. Brennan 1966)

Remedial and Substantive Rational - Overruled by Boerne Remedial Rational: Section 4(e) is "Plainly Adapted" to uphold the Equal Protection Clause. "The practical effect of §4(e) is to prohibit New York from denying the right to vote to large segments of its Puerto Rican community. [This] enhanced political power will be helpful in gaining nondiscriminatory treatment in public services for the entire Puerto Rican community." So, they can better obtain "perfect equality of civil rights and equal protection of the laws." Substantive Rational: Congress can decide the substance of the 14th Am. Equal Protection Clause.

Jones v. Alfred H Meyer Co.

Rule: Congress has the power to determine the badges and incidents of slavery and conclude in this case that "private discrimination in the sale or rental of property was such a badge or incident" Limited to racial issues due to 13th Am. limit.

Civil Rights Cases (J. Bradley 1883)

Specific language of Am. does not allow for penalizing private individuals for discrimination. "The power vested in Congress to enforce the article by appropriate legislation clothes Congress with power to pass all laws necessary and proper for abolishing all badges and incidents of slavery in the United States. "When a man has emerged form slavery... ceases to be the special favorite of the laws..."

Congruence and Proportionality Test

There must be congruence and proportionality between injury prevented or remediated and means of the end.

NV Dept of Human Resources v. Hibbs (J. Rehnquist 2003)

a. FMLA - Family Medical Leave Act of 1993 grants up to 12 weeks of unpaid leave annually to permit an employee to case for a "serious health condition" is an employee's spouse, child or parent. b. Yes, Congress properly used its authority c. Poor application of congruence and proportionality - passed test d. Broad brush