Congressional Power to Enforce Civil Rights under the 14th
and 15th Amendments.
How broad is Congresss authority under the enforcement provisions?
Does Congress have substantive powers under these provisions, or just
Katzenbach v. Morgan
US Supreme Court, 1966
Facts and Procedural History: NY state voting laws required that voters be able to
read and write in English. 4e of the VRA of 1965 provided that no one with a 6th
grade education in Puerto Rico
Background issue here: do the decisions upholding the Voting Rights Act of 1965 (SC v. Katzenbach and Oregon v. Mitchell) suggest that Congress may go beyond the previous decisions of the Court in protecting citizens against deprivation of voting or othe
Oregon v. Mitchell
US Supreme Court, 1970
Facts and Procedural History: Constitutional challenges to several provisions of
the VRA Amendments of 1970:
302 prohibited requirements on voting age older than 18.
Upheld 5-4 for federal elections, struck dow
Black's reasoning that it is ok for Congress to regulate federal but not state elections is not joined by anyone else.
Is Black's approach re: race and the state/federal divide consistent with a textualist approach to Constitutional interpretation? No. E
Boerne: Aftermath and Impact
City of Boerne v. Flores
US Supreme Court, 1997
Facts and Procedural History: The Religious Freedom Restoration Act (RFRA)
was enacted in response to the Courts decision in Smith, which held that neutral,
According to Kennedy, why does the history of the 14th Amendment support the view that Congress only has remedial powers under that Amendment? Original proposed draft would have given substantive power, but it was rejected to be only remedial, to "make t
US v. Morrison, US, 2000 VWA provides a federal civil remedy for violence against women. In addition to Commerce Clause, government defended the VWA as a valid exercise of Congress's 5 powers, based on "pervasive bias in various state justice systems agai
University of Alabama v. Garrett, US, 2001 Can state governments be sued by citizens for violating Title I of ADA, which prohibits employment discrimination against disabled people and requires reasonable accommodations for disabled employees? s argued th
US v. Georgia, US, 2006 Suit brought by paraplegic prisoner under Title II of the ADA, alleging a violation of his 8th Amendment rights against cruel and unusual punishment. Unanimous Court (Scalia): "insofar as Title II creates a private cause of action