14th amendment article 3 interpretation
Constitutional Law I
14th Amendment §5 (Seminole Tribe v. Florida, Tennessee v. Lane) It’s fundamental that Congress cannot expand the jurisdiction of the federal courts beyond the bounds of Article III (Marbury v. Madison) Federal Government and another state can sue a state. Necessary and Proper Clause. The Constitution, Article …
Chemerinsky Con Law Review
14th Amendment, Section 5: authorizes congress to adopt laws to enforce the 14th Amendment. congress cannot create new rights or expand the scope of rights . congress can only act to prevent or remedy a violation of rights already recognized by the courts. such laws must be narrowly tailored: proportionate & congruent to remedy proven constitutional violations. City of Boerne v. Flores ...
[DOCX File]Chapter 3. Limits on Federal Power: The Federal Structure ...
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In his decision for the Court, Chief Justice Roberts professed to provide a high level of deference to the discretion of the Secretary, to whom Congress in the Census Act has delegated broad powers to conduct the decennial census, which is mandated by the Enumeration Clause of Article I, section 2, clause 3, and the second section of the Fourteenth Amendment. The Court emphasized that every ...
[DOC File]I
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Legitimacy of the 14th amendment 50. 3. Add in Reconstruction and Post-Reconstruction history from Foner *** 50 . 4. Civil Rights Act and its aftermath 50. B. Early 14th Amendment cases and meaning of Equal Protection 51. 1. Strauder (1880) – equal protection extends to jury service p. 259 51. 2. Plessy (1896) p. 272 – Social Equality as Distinguished from Political 52. 3. Giles (1903 ...
[DOC File]The US and the EU: A Comparison of Positions on Domestic ...
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The 14th Amendment was not ratified until 1865, and then without much input from the South as a result of restrictions placed on the South's political power after the Civil War). In many ways, the rights granted to citizens of the United States have been slapped together willy-nilly into an odd patchwork of a whole, lacking any clear basis or starting point, simply being expanded as history ...
[DOC File]Constitutional Law Outline
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King and the civil rights movement help to fully realize the 14th Amendment as a guarantee of human rights. Constitutional Interpretation [class notes, reading notes] Constitutional Interpretation by the Judiciary, and Judicial Review. Marbury v. Madison (US 1803) [Gunther p.3, reading notes 1, class notes 4-7]
[DOC File]Constitutional Law - Stone, Seidman, Sunstein and Tushnet ...
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The Equal Protection Clause – The 14th Amendment, Section 1 – Requires states to treat equally all similarly situated classes of people . Due Process Clause – The 5th Amendment – SC has used this clause to declare that the federal government must abide by the equal protection measures spelled out in the 14th Amendment . Due Process Clause – The 14th Amendment – Used to partially ...
[DOCX File]Constitutional Amendments and Supreme Court Precedents
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The 14th Amendment to the U.S. Constitution was adopted in the wake of the Civil War and says that states must give people equal protection of the laws. It also empowered Congress to pass laws to enforce the provisions of the Amendment. Although Congress attempted to outlaw racial segregation in places like hotels and theaters with the Civil Rights Act of 1875, the Supreme Court ruled that law ...
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