Enforcement Clause

E13969

The Enforcement Clause is the provision of the Fourteenth Amendment that grants Congress the power to pass legislation implementing and protecting the amendment’s guarantees of due process and equal protection.

All labels observed (2)

How this entity was disambiguated

Statements (41)

Predicate Object
instanceOf clause of the United States Constitution
constitutional provision
alsoKnownAs Section 5 of the Fourteenth Amendment
appliesTo provisions of the Fourteenth Amendment
basisFor 42 U.S.C. § 1983
Civil Rights Act of 1871
Civil Rights Act of 1964 (in part)
Voting Rights Act of 1965
various federal civil rights statutes
constitutionalArticle Amendment XIV of the United States Constitution
constitutionalFunction to provide an express enforcement mechanism for the Fourteenth Amendment
distinguishedFrom Necessary and Proper Clause
Spending Clause
enables federal protection of civil rights against state action
grantsPowerTo United States Congress
grantsPowerType enforcement power
legislative power
historicalContext Reconstruction Amendments
interpretedBy Supreme Court of the United States
jurisdiction United States federal law
legalEffect confers enforcement power on Congress
permits Congress to enact prophylactic civil rights legislation
permits Congress to enact remedial civil rights legislation
limits cannot redefine the substantive scope of Fourteenth Amendment rights as interpreted by the Supreme Court
locatedInText Section 5 of the Fourteenth Amendment
partOf Fourteenth Amendment to the United States Constitution
purpose to authorize Congress to enforce the Fourteenth Amendment
to implement the guarantees of due process
to implement the guarantees of equal protection of the laws
relatedTo Due Process Clause of the Fourteenth Amendment
linked to: Due Process Clause

Equal Protection Clause of the Fourteenth Amendment
Privileges or Immunities Clause of the Fourteenth Amendment
scope to enforce all provisions of the Fourteenth Amendment
standardArticulatedIn City of Boerne v. Flores congruence and proportionality test
text The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
usedInCase City of Boerne v. Flores
Katzenbach v. Morgan
Shelby County v. Holder
South Carolina v. Katzenbach
The Civil Rights Cases (1883)
United States v. Morrison

How these facts were elicited

Referenced by (5)

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

Fourteenth Amendment to the United States Constitution containsClause Enforcement Clause
subject linked to: Fourteenth Amendment
Section 5 of the Fourteenth Amendment alsoKnownAs Enforcement Clause of the Fourteenth Amendment
linked to: Enforcement Clause
Public Law 94-73 constitutionalBasis Enforcement Clause of the Fourteenth Amendment
linked to: Enforcement Clause
United States v. Nichols constitutionalProvisionInterpreted Enforcement Clause of the Fourteenth Amendment
linked to: Enforcement Clause