Also known as: § 5 · sec. 5 · §5
Written by attorneys · grounded in primary & secondary sources — see below
A clause in the Fourteenth Amendment that empowers Congress to enact appropriate legislation enforcing the amendment's guarantees of due process and equal protection. The power is remedial rather than substantive, requiring legislation to be congruent and proportional to a documented pattern of state constitutional violations.
Skyline Construction leases space in a multi-tenant building to Sophia Singh. The landlord controls the lobby and hallways but neglects to fix a leaking roof over those areas after Singh notifies the company in writing. The leaks render the premises unusable for Singh's retail business. Singh withholds rent and terminates the lease after the landlord fails to act within a reasonable time.
Sarah Sullivan and Stephen Shaw mediate a contract dispute. During the session Sullivan states that she is willing to accept a reduced payment. When the mediation fails, Shaw attempts to introduce the statement in a subsequent lawsuit to prove Sullivan's position. The court excludes the statement because it is a mediation communication.
Select any source to read its text and confirm it supports the definition.
After the Supreme Court adopts a rational-basis approach to neutral laws burdening religion, Congress passes a statute requiring strict scrutiny for all such burdens. A state challenges the statute as exceeding congressional authority. The Court holds that the statute attempts to redefine substantive rights rather than remedy violations.
Congress enacts a statute allowing damages suits against states for employment discrimination. A state university argues that the statute exceeds Section 5 power because the underlying classification receives only rational-basis review and Congress identified no pattern of unconstitutional conduct. The Court agrees and invalidates the damages remedy.
Congress imposes spending limits on political campaigns and creates an enforcement scheme. Candidates argue that the limits violate the First Amendment. The Court examines whether the enforcement mechanism is a valid exercise of congressional power to protect constitutional rights or an overreach into substantive regulation.
A city zoning board denies a permit for a group home for individuals with intellectual disabilities while granting permits for other similar uses. The home operator sues, claiming the denial violates equal protection. Congress later considers legislation authorizing damages suits against municipalities engaging in such practices.
Legislation must be congruent and proportional to a documented pattern of state constitutional violations. Congress may not redefine substantive rights or impose remedies that exceed the scope of identified violations.
Yes, but only when the statute targets conduct that violates judicially recognized constitutional rights and the remedy is congruent and proportional to a pattern of violations. Statutes that reach constitutional conduct fail this test.
Yes. Conditioning funds on states eliminating discriminatory practices that violate equal protection is a valid enforcement mechanism when the condition targets actual or likely constitutional violations.
…this Act among those states which enact it. "SECTION 4. [ Short Title. ] This Act may be cited as the Uniform Abortion Act. "SECTION 5. [ Severability. ] If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of…