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Topic: Congressional power of enforcement

	Congressional power of enforcement - Wikipedia, the free encyclopedia
		The enforcement provisions contained in these amendments extend the powers of Congress originally enumerated in Article One, Section 8 of the Constitution, and have the effect of increasing the power of Congress and diminishing that of the individual states.
		In that case, the Court concluded that the Congressional enforcement power in Section 5 of the Fourteenth Amendment did not authorize Congress to ban racial discrimination in public accommodations operated by private persons, such as inns and theaters.
		The Court decided that the law was a valid exercise of Congress's enforcement power under the Fourteenth Amendment, because it was aimed at remedying state-sponsored discrimination.
	en.wikipedia.org /wiki/Congressional_power_of_enforcement (895 words)

	CITY OF BOERNE, PETITIONER v. P. F. FLORES, ARCHBISHOP OF SAN ANTONIO, AND UNITED STATES
		It is said the congressional decision to dispense with proof of deliberate or overt discrimination and instead concentrate on a law's effects accords with the settled understanding that §5 includes the power to enact legislation designed to prevent as well as remedy constitutional violations.
		The power to interpret the Constitution in a case or controversy remains in the Judiciary.….
		Broad as the power of Congress is under the Enforcement Clause of the Fourteenth Amendment, RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance.
	web.jjay.cuny.edu /~jcauthen/boerne.html (2034 words)

	Little Rock School District v. Mauney (Site not responding. Last check: 2007-11-07)
		The Eleventh Amendment provides: "The Judicial power of the United States shall be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const.
		Seventh Circuit Chief Judge Richard Posner has explained that the scope of congressional power turns not on whether a classification is subject to heightened judicial scrutiny, but on whether, at least sometimes, state action based on such a classification results in unconstitutional conduct.
		Congressional determinations that discriminatory treatment is directed at a class of persons are part of an ongoing conversation concerning the substantive meaning of section 1.
	lw.bna.com /lw/19990706/1721.htm (6273 words)

	Eighteenth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
		After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
		The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
		This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
	www.secaucus.us /project/wikipedia/index.php/Eighteenth_Amendment_to_the_United_States_Constitution (244 words)

	97-4197 -- Union Pacific Railroad Co. V. State of Utah -- 12/03/1999
		Congressional power to abrogate state immunity is contained in section 5, which provides that "[t]he Congress shall have power to enforce, by appropriate legislation, the provisions of this article." Id.
		The Court pointed out that congressional power under section 5 is remedial in nature, and confers the authority to enforce the Fourteenth Amendment rather than to define its parameters as a matter of substantive law.
		Where, however, a congressional enactment pervasively prohibits constitutional state action in an effort to remedy or to prevent unconstitutional state action, limitations of this kind tend to ensure Congress' means are proportionate to ends legitimate under § 5.
	www.kscourts.org /ca10/cases/1999/12/97-4197.htm (3576 words)

	Tenth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
		The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
		That said, it makes explicit the idea that the federal government is limited only to the powers it is granted in the Constitution.
		The Federal government has used the general welfare clause and the interstate commerce clause to justify federal laws regarding an ever increasing list of things that can be argued as having an impact commerce or welfare.
	www.eastcleveland.us /project/wikipedia/index.php/Tenth_Amendment_to_the_United_States_Constitution (409 words)

	city of boerne
		All told, RFRA is a considerable congressional intrusion into the States' traditional prerogatives and general authority to regulate for the health and welfare of their citizens, and is not designed to identify and counteract state laws likely to be unconstitutional because of their treatment of religion.
		It is said the congressional decision to dispense with proof of deliberate or overt discrimination and instead concentrate on a law's effects accords with the settled understanding that § 5 includes the power to enact legislation designed to prevent as well as remedy constitutional violations.
		The power to "legislate generally upon" life, liberty, and property, as opposed to the "power to provide modes of redress" against offensive state action, was "repugnant" to the Constitution.
	www.law.buffalo.edu /Academics/courses/704/prisonlaw/readings/9boerne.html (5529 words)

	Eleventh Amendment to the United States Constitution - Wikipedia, the free encyclopedia
		The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
		However, this does not limit the use of the Federal courts when a state consents to be sued.
		Bitzer, 427 U.S. (1976), the Supreme Court unanimously held that Congress may abrogate state immunity from suit, if this is done pursuant to a valid exercise of its constitutional powers.
	en.wikipedia.org /wiki/Eleventh_Amendment_to_the_United_States_Constitution (292 words)

	Oregon v. Mitchell
		The right to vote in national elections is a privilege and immunity of national citizenship and the congressional judgment to ban durational residency requirements in presidential and vice-presidential elections is a manifestly permissible means of enforcing that privilege and immunity under § 5 of the Fourteenth Amendment.
		The congressional determination that a nationwide ban on literacy tests was necessary to prevent racial discrimination in voting is amply supported by the legislative record, and the proscription of literacy tests is well within the power of Congress granted by § 2 of the Fifteenth Amendment.
		Second, the power granted to Congress was not intended to strip the States of their power to govern themselves or to convert our national government of enumerated powers into a central government of unrestrained authority over every inch of the whole Nation.
	www.tourolaw.edu /patch/Oregon (5837 words)

	Preemption of state and local laws in the United States - Wikipedia, the free encyclopedia
		State law in the U.S. In the United States federal statutes can limit the state's powers by invalidating conflicting state and local laws.
		One way that this can be achieved is by Congress passing a law, preempting state or local law.
		State powers can also be limited by the Supremacy Clause (Article VI, section 2), which states that the Constitution and other federal laws are the "supreme Law of the Land".
	www.sterlingheights.us /project/wikipedia/index.php/Preemption_of_state_and_local_laws_in_the_United_States (440 words)

	Drug Enforcement Administration - Congressional Testimony (Site not responding. Last check: 2007-11-07)
		Drug law enforcement was encouraged by such a huge seizure, and we were convinced that we had seriously wounded the Colombian drug organizations by preventing such a large amount of illegal drugs from reaching our streets.
		One of the most notorious and powerful of these trafficking organizations is the Amado Carrillo-Fuentes organization, sometimes referred to as the "Juarez Cartel." Carrillo-Fuentes has been the chief transporter for the recently arrested Cali mafia leader Miguel Rodriguez-Orejuela.
		Combined teams of state, local and federal law enforcement led by DEA and FBI Special Agents are working together with a common goal of disrupting these gangs and bringing their leaders to justice.
	www.mit.edu /people/aaelenes/sinaloa/narco/dea1.html (3507 words)

	Mills v. Maine
		While Congress' invocation of its Commerce Clause powers is probative, it is not dispositive of whether it had the power to enact the FLSA amendments in question under section five of the Fourteenth Amendment.
		When determining whether congressional enactments are "appropriate" and valid exercises of enforcement clause powers such as the one at issue here, Supreme Court precedent indicates that we look to whether the act is a "rational means" to an end that is "comprehended" by the underlying constitutional amendment.
		Insofar as any congressional enforcement of the Equal Protection Clause concerns the plaintiff probation officers, therefore, it would be as against unreasonable and arbitrary state action.
	www.law.emory.edu /1circuit/july97/96-1973.01a.html (6565 words)

	Federalist Papers - Wikipedia, the free encyclopedia (Site not responding. Last check: 2007-11-07)
		Such was Magna Carta, obtained by the Barons, sword in hand, from king John....It is evident, therefore, that according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants.
		They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted.
		I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power.
	www.lighthousepoint.us /project/wikipedia/index.php/Federalist_papers (1007 words)

	Ninth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
		Madison was speaking to the fears that the enumeration of some specific limitations on the powers of the Federal Government would be interpreted to mean that the government's powers would extend beyond the powers granted Congress in Article One, Section 8 of the new Constitution.
		After all, the government was already powerless to establish a national religion before the Bill of Rights was passed because the power was simply not granted in the first place.
		In effect, the 9th Amendment was put in place as a notice to the Congress that they were still a body constricted by a set of enumerated powers.
	www.bexley.us /project/wikipedia/index.php/Ninth_Amendment_to_the_United_States_Constitution (418 words)

	RFRA Supreme Court 1997
		RFRA is not proper exercise of Congress' §5 enforcement power because it contradicts vital principles necessary to maintain separation of powers and the federal-state balance.
		Representative Bingham said the new draft would give Congress "the power to protect by national law, the privileges and immunities of all the citizens of the Republic whenever the same shall be abridged or denied by the unconstitutional acts of any State." Id., at 2542.
		While this separation of powers aspect did not occasion the widespread resistance which was caused by the proposal's threat to the federal balance,, it nonetheless attracted the attention of various members.
	www.prop1.org /legal/970625sc.htm (4267 words)

	Reconstruction: Early Congressional Legislation (Site not responding. Last check: 2007-11-07)
		Reinforcing representation: congressional power to enforce the Fourteenth and Fifteenth Amendments in the Rehnquist and Waite courts.
		Lane and judicial conditions on the congressional enforcement power.
		Congressional relations and "public relations": in the administration of Rutherford B. Hayes.(Wheeling and Dealing in the White House) (Presidential Studies Quarterly)
	www.infoplease.com /ce6/history/A0860647.html (369 words)

	CITY OF ROME v. UNITED STATES, 446 U.S. 156 (1980)
		Because the statutory meaning and congressional intent are plain, however, we are required to reject the appellants' suggestion that we engage in a saving construction and avoid the constitutional issues they raise.
		The appellants contend that the Act is unconstitutional because it exceeds Congress' power to enforce that Amendment.
		Section 2 of the Fifteenth Amendment and 5 of the Fourteenth provide that Congress shall have the power to "enforce" 1 "by appropriate legislation." Congressional power to prohibit the electoral changes proposed by Rome is dependent upon the scope and nature of that power.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/rome.html (1807 words)

	City of Boerne v. Flores, Archbishop of San Antonio, et al
		While this separation of powers aspect did not occasion the wide-spread resistance which was caused by the proposal's threat to the federal balance, it nonetheless attracted the attention of various Members.
		The Enforcement Clause, the Court said, did not authorize Congress to pass "general legislation upon the rights of the citizen, but corrective legislation; that is, such as may be necessary and proper for counteracting such laws as the States may adopt or enforce, and which, by the amendment, they are prohibited from making or enforcing.
		Where, however, a congressional enactment pervasively prohibits constitutional state action in an effort to remedy or to prevent unconstitutional state action, limitations of this kind tend to ensure Congress' means are proportionate to ends legitimate under §5.
	www.loyola.edu /dept/politics/courses/321/docs/boerne.html (14555 words)

	City of Boerne v. Flores, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997). (Site not responding. Last check: 2007-11-07)
		The remedial and preventive nature of Congress’; enforcement power, and the limitation inherent in the power, were confirmed in our earliest cases on the Fourteenth Amendment.
		Where, however, a congressional enactment pervasively prohibits constitutional state action in an effort to remedy or to prevent unconstitutional state action, limitations of this kind tend to ensure Congress’; means are proportionate to ends legitimate under §5.
		This is a considerable congressional intrusion into the States’; traditional prerogatives and general authority to regulate for the health and welfare of their citizens.
	straylight.law.cornell.edu /supct/html/95-2074.ZO.html (6801 words)

	Brief for Assn. of American Publishers, et al. (Site not responding. Last check: 2007-11-07)
		The Patent Remedy Act is a valid exercise of congressional power under the Enforcement Clause of the Fourteenth Amendment.
		Of course, the "broad" power to enforce the Fourteenth Amendment's prohibitions is "not unlimited," as the Supreme Court noted in holding that the Religious Freedom Restoration Act exceeded Congress's Enforcement Clause authority.
		Congressional authority to enforce the Due Process Clause by deterring and providing for remedy against state infringement of intellectual property is therefore not limited to the relief this Court would afford in a § 1983 action for damages against a state officer who undertook the infringement.
	www.collegesavings.com /law/law032299acaap.html (5625 words)

	Robin M. Wilson-Jones v. Rev. E. Theophilus Caviness
		The Court found no clear statement of a congressional intent to abrogate the states' immunity, and held that a non-consenting state could not be sued by an individual citizen under the FLSA in federal court.
		One might expect that the limit on the commerce power imposed by National League of Cities from 1976 to 1985 would have resulted in claims that the FLSA had another source of authority under which the substantive provisions of the act could be applied to state employers.
		In the particular context of enforcement clauses -- which appear in the 13th, 14th, 15th, 18th, 19th, 23rd, 24th, and 25th amendments -- an act is a valid exercise of the enforcement power if it is "rationally related" to the amendment's subject matter.
	www.nacua.org /documents/WilsonJones_v_Caviness.htm (3216 words)

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