Kevin S. Schwartz
Note
Applying Section 5: Tennessee v. Lane and Judicial Conditions on the Congressional Enforcement Power
114 Yale L.J. 1133 (2005) Section 5 of the Fourteenth Amendment grants Congress the "power to enforce, by appropriate legislation," the Equal Protection and Due Process Clauses. Yet in the past seven years the Supreme Court has invalidated five different laws--including three landmark civil rights laws--as exceeding Congress's power to enforce the Fourteenth Amendment. This Note reveals changes in the...
Mar 1, 2005