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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.
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. In this case, the Court struck down the Religious Freedom ...
The abrogation doctrine is a US constitutional law doctrine expounding when and how the Congress may waive a state's sovereign immunity and subject it to lawsuits to which the state has not consented (i.e., to "abrogate" their immunity to such suits). In Seminole Tribe v. Florida, 517 U.S. 44 (1996) the Supreme Court ruled that the Congress's ...
The primary author of the Privileges or Immunities Clause was Congressman John Bingham of Ohio. The common historical view is that Bingham's primary inspiration, at least for his initial prototype of this Clause, was the Privileges and Immunities Clause in Article Four of the United States Constitution, [1] [2] which provided that "The Citizens of each State shall be entitled to all Privileges ...
The provision at the center of the 14th Amendment litigation, known as Section 3, says in part: “No person shall … hold any office … under the United States … who, having previously taken ...
Shelby County v. Holder, 570 U.S. 529 (2013), is a landmark decision [1] of the Supreme Court of the United States regarding the constitutionality of two provisions of the Voting Rights Act of 1965: Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and subsection (b) of Section 4 ...
The Disqualification Clause was adopted as Section 3 of the 14th Amendment in 1868, and its primary purpose was to address a serious problem with elections in the Southern states.
A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language " The Congress shall have power to enforce this article by appropriate legislation " is used, with slight variations, in Amendments XIII, XIV, XV, XIX, XXIII, XXIV, and XXVI. The variations in the pertinent language are as ...