Section 5 of the 14th Amendment

Question 1

Section 5 of the 14th Amendment

Answer 1

The federal government is a government of limited powers. To pass a law, Congress must act pursuant to a power given to it by the Constitution. Congress has no general police power or power to legislate for the general welfare. Section Five of the Fourteenth Amendment is an enabling clause giving Congress the power to adopt appropriate legislation to enforce the right and guarantees provided by the Fourteenth Amendment. Under Section Five, Congress may not expand existing constitutional rights or create new ones. Congress may only enact laws to prevent or remedy violations of rights already recognized by the courts. To be valid, laws must be congruent and proportional to solving a history or pattern of violations of such a right.