epflowchar1 - legislation MEANS available to Congress...

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CONGRESS' POWER UNDER THE CIVIL WAR AMENDMENTS Effect Abrogation of State sovereignty Congress interprets Section 1 principles Valid Invalid Private action which violates principles of Sec. 1 Valid Invalid State action which violates principles but not letter of Sec. 1 State action which violates Section 1 Valid Valid Application to: State power affected wherever Congress acts under Section 5 State power affected only to the extent that Court enforces Section 1 Federalism implications Congress may aug- ment self-executing rights by enacting con -sistent legislation Congress may provide additional remedies for vio- lations of Section 1 May create new substantive rights Remedial legislation only Appropriate
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Unformatted text preview: legislation MEANS available to Congress Object of Congress' Power (ENDS) Enforce substantive provisions of 13th, 14th, 15th Amends Prof. Manheim Constitutional Law II Fall, 2006 Remedial & Preventative Broad view Narrow view Current view Remedies in addition to self-executing ones if "congruent and proportional" Prophylactic laws can restrict state power marginally more than Section 1 itself Valid Invalid Invalid Valid Invalid C o n s t i t u t i o n a l i t y o f C o n g r e s s i o n a l a c t i o n Remedy must be con-gruent to (not exceed scope of) 1 violation Preventative law must be proportionate to risk of future 1 violations...
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This note was uploaded on 04/05/2010 for the course LAW LAW5502 taught by Professor Stern during the Spring '10 term at Florida State College.

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