Congress's powers under the post civil war amendments

13th amendment

Abolished slavery and gave Congress power to eliminate “badges and incidents” of slavery.

14th amendment

Guaranteed equal protection and due process; gave Congress power to enforce these rights.

15th amendment

Prohibited racial discrimination in voting and gave Congress power to enforce voting rights.

Section 5 of the 14th amendment

Congress has the power to “enforce” the Equal Protection and Due Process Clauses by passing legislation.

Limits on Congress’s Enforcement power

Congress can only “enforce” the Fourteenth Amendment—it cannot create new constitutional rights.

The “Congruence and Proportionality” Test (Boerne Test):

Congress must show a pattern of constitutional violations.

The remedy must be proportionate to the harm.

15th Amendment

Congress still has power to enforce voting rights but it must use updated justifications

2 views of section 5 of the 14th amendment

Congress can provide remedies for rights

Congress can create or expand rights