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The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
The standard announced in that case—that all legislation enacted under Section 5 of the Fourteenth Amendment must be "congruent and proportional" to the unconstitutional harm it seeks to remedy—has been followed by every post-Boerne decision on legislation that sought to abrogate the states' sovereign immunity. United States v.
City of Boerne v. Flores, 521 U.S. 507 (1997), was a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.
The amendment’s key provision, Section 3, says in part: “No person shall … hold any office … under the United States … who, having previously taken an oath … to support the ...
An effort to use the legal system to bar former President Trump from returning to the White House — on the basis that he aided an insurrection on Jan. 6, 2021 — is picking up speed.
In an unsigned per curiam opinion issued March 4, 2024, the court ruled that, as set forth in Section 5 of the Fourteenth Amendment, Congress has the exclusive power to enforce Section 3 of the Fourteenth Amendment; as such, the Courts (federal or otherwise) cannot declare a candidate ineligible for office under the said Section 3 unless an Act ...
“OK, section 3 of the 14 th Amendment clearly states that a felon cannot take elective office – even if that candidate is the winner of the election,” the post reads. "So, even if trump (sic ...
Because the Fourteenth Amendment allows Congress to take "appropriate" action to enforce rights, the Court has determined that such action must be congruent and proportional to the deprivation of the right that the Congress is seeking to remedy. An example of a case where an act of the Congress failed the Boerne test is Kimel v.